HUDSON RIVER NATURAL RESOURCE DAMAGE ASSESSMENT PLAN
PREPARED BY THE HUDSON RIVER TRUSTEE COUNCIL STATE OF NEW YORK STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION
U.S. DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
U.S. DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE
SEPTEMBER 2002 HUDSON RIVER NATURAL RESOURCE DAMAGE ASSESSMENT PLAN
PREPARED BY THE HUDSON RIVER TRUSTEES
SEPTEMBER 2002 his Natural Resource Damage Assessment Plan was prepared by the Hudson River Natural TResource Trustee Council, which consists of the New York State Department of Environmental Conservation, the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration, and the U.S. Department of the Interior’s Fish and Wildlife Service. The Trustees are working cooperatively to conduct a Natural Resource Damage Assessment (NRDA) for the Hudson River. This Assessment Plan is one step in the NRDA and documents exposure of natural resources to polychlorinated biphenyls (PCBs) and identifies the anticipated procedures for evaluating the injuries caused by this exposure.
CONTACTS FOR PUBLIC INQUIRIES:
Steven Jay Sanford Chief, Bureau of Habitat Division of Fish, Wildlife and Marine Resources New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233 518-402-8996 [email protected]
Tom Brosnan Damage Assessment Center National Oceanic and Atmospheric Administration 1305 East-West Highway SSMC4, Room 10219 Silver Spring, MD 20910 301-713-3038 x186 [email protected]
Fred Caslick U.S. Fish and Wildlife Service 3817 Luker Road Cortland, NY 13045 607-753-9334 x156 [email protected]
Credits: Cover Photo: Courtesy of NYSDEC Title Page Photo: Courtesy of National Oceanic and Atmospheric Administration/Department of Commerce Line Art by Robert J. Savannah HUDSON RIVER N A TURAL TABLE OF CONTENTS R ESOURCE LIST OF ACRONYMS AND ABBREVIATIONS ...... iii
EXECUTIVE SUMMARY...... 1 D CHAPTER 1 THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER ...... 7 AMAGE Ecological Communities of the Hudson River...... 9 Hudson Falls to Troy ...... 10
Troy to Newburgh ...... 11 A
Newburgh to Manhattan ...... 12 SSESSMENT Historical Significance of the Hudson River ...... 15 Recreation and the Modern Economy...... 17 Further Economic Significance of the Hudson River...... 18
CHAPTER 2 PCB CONTAMINATION IN THE HUDSON RIVER ...... 19 P LAN History and Effects of PCBs in the Hudson River ...... 19 Cleaning Up PCBs in the Hudson River ...... 21
CHAPTER 3 THE ROLE OF THE TRUSTEES ...... 27 Preliminary Determination of the Recovery Period ...... 30 Coordination with Other Government Agencies ...... 31 Importance of Public Participation ...... 32 Invitation for Cooperative Assessment...... 33
CHAPTER 4 THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION...... 35 Pathway Determination...... 36 PCB Sources to Sediment and Water ...... 37 Food Web Pathway Evaluation...... 37 Floodplain Evaluation ...... 38 Injury Determination and Quantification ...... 38 Biological Resources...... 39 Surface Water...... 50 Groundwater ...... 52 Geologic Resources ...... 53 Air ...... 53 Damage Determination and Restoration ...... 54 Recreational Fishing Lost Use Study...... 54 Habitat Equivalency Analysis ...... 55 Assessment of Lost Navigational Services ...... 55 Assessment of Impacts to National Park Sites and Affiliated Areas ...... 56
TABLE OF CONTENTS Subject to Public Review i REFERENCES ...... 57 LAN P GLOSSARY ...... 63
APPENDIX A: QUALITY ASSURANCE MANAGEMENT ...... 67 HUDSON RIVER APPENDIX B: FACT SHEETS...... 71 SSESSMENT
A Assessing Fish Health ...... 73 Preliminary Investigations of Bird Injuries...... 75 Preliminary Investigation of Snapping Turtles ...... 77
AMAGE Hudson River Natural Resource Damage Assessment: Summary of the NRDA Plan...... 79 D ESOURCE R EXHIBITS TURAL
A Exhibit 1-1 Hudson River Below Corinth, New York ...... 8 N Exhibit 1-2 Endangered, Threatened, Special Concern or Rare Species Identified in or Near the Hudson River by the State of New York or as Potentially Occurring in or Near the Hudson River by the U.S. Fish and Wildlife Service ...... 13–14
Exhibit 1-3 Selected Events in the Recorded History of the Hudson River...... 16
Exhibit 2-1 Basic Chemical Structure of PCBs...... 20
Exhibit 2-2 PCB Concentrations in Selected Hudson River Natural Resources, Regulatory Criteria and Guidelines, and Threshold/Effects Identified in the Literature. . . . . 22–24
Exhibit 2-3 Selected Chronology of Events Related to the Discharge, Discovery, and Removal of PCBs in the Hudson River ...... 25
Exhibit 4-1 Pathway Determination...... 37
Exhibit 4-2 Injury Determination and Quantification ...... 40–41
Exhibit 4-3 Damage Determination and Restoration ...... 55
Exhibit A-1 Project Quality Assurance Organization ...... 68
ii Subject to Public Review TABLE OF CONTENTS HUDSON RIVER N A TURAL ACRONYMS AND ABBREVIATIONS R ESOURCE ATSDR Agency for Toxic Substances and Disease Registry CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations D
CWA Clean Water Act AMAGE DOI United States Department of the Interior EPA United States Environmental Protection Agency A
FDA United States Food and Drug Administration SSESSMENT GE The General Electric Company LC 50 Lethal Concentration 50 NOAA National Oceanic and Atmospheric Administration
NPL National Priorities List P LAN NPS National Park Service NRDA Natural Resource Damage Assessment NYSDEC New York State Department of Environmental Conservation NYSDOH New York State Department of Health NYSDOS New York State Department of State NYSDOT New York State Department of Transportation PCB Polychlorinated biphenyl PED Preliminary Estimate of Damages ppb parts per billion ppm parts per million ppt parts per thousand PRG Preliminary Remediation Goals PSD Preassessment Screen Determination ROD Record of Decision SDWA Safe Drinking Water Act SPDES State Pollutant Discharge Elimination System SWDA Solid Waste Disposal Act TEQ Toxic Equivalent TSCA Toxic Substances Control Act USFWS United States Fish and Wildlife Service USGS United States Geological Survey
ACRONYMS AND ABBREVIATIONS Subject to Public Review iii HUDSON RIVER N A TURAL
EXECUTIVE SUMMARY R ESOURCE D AMAGE A SSESSMENT
Spanning the Hudson, Bear Mountain Bridge connects P Peekskill and LAN Orange County and is the crossing point for the Appalachian
Photo courtesy of NYSDEC Trail.
he Hudson River flows from its source in and has supported commercial and recreational Tthe Adirondack Mountains to its confluence fishing, as well as swimming and boating. Also, with New York Harbor at the Battery in the river has been used in the direct generation of Manhattan, a distance of about 315 miles. The electricity, and as a source of cooling water for Hudson River has provided important natural other forms of power generation. Many river com- resources and services to the residents of the munities have depended on the Hudson River as a Hudson River Valley since the earliest days of source of potable water. Over time, ever-increas- human settlement. The earliest European explo- ing urbanization and industrialization began to ration was by Henry Hudson in the early seven- degrade the river and its natural resources. teenth century. The Hudson River provided a In the early 1970s, a group of toxic com- travel corridor to facilitate westward exploration pounds known as polychlorinated biphenyls, or of New York by European settlers and was a focal PCBs, were discovered in the water, fish, and sed- point during the Revolutionary and French and iment of the Hudson River below General Indian Wars. President Franklin Delano Electric Company’s (GE’s) plants at Hudson Falls Roosevelt made his home along the Hudson and Fort Edward. As a result of PCB contamina- River near Hyde Park, New York. Because of its tion, fishing was banned in the Upper Hudson rich resources and heritage, the Hudson River has River from Hudson Falls to Troy between 1976 been formally recognized as an American and 1995, and fishing in that river reach is cur- Heritage River and serves as the site of a National rently restricted to catch and release only (1). In Estuarine Research Reserve. addition, the Hudson River below the Federal The river has been used as a transportation Dam at Troy was closed to commercial fishing for corridor for commercial and recreational traffic, almost all species of fish, and fish in that part of
EXECUTIVE SUMMARY Subject to Public Review 1 the river have been the subject of “no consump- the condition that would have existed if the haz- LAN tion” or restrictive consumption advisories due to ardous substances were not released. In addition, P PCB contamination. The discovery of PCBs in the Trustees may obtain compensation for natural the Hudson River and other locations also resource injuries and the loss of the services they prompted many scientists to study the effects of provide between the onset of the injury and full
HUDSON RIVER these compounds on wildlife. Years later, this restoration. research indicates that PCBs can cause serious
SSESSMENT The U.S. Congress enacted the Superfund injuries to wildlife and other natural resources. A law to assign responsibility for the cost of cleaning up hazardous substances that threaten human health and the environment, and for restoring or THE TRUSTEE ROLE replacing any public natural resources that are AMAGE The responsibility for restoring natural resources harmed by hazardous substance releases. It is the D that have been injured by hazardous substances U.S. Environmental Protection Agency’s (EPA’s) belongs to Federal, State, and Tribal Trustees for responsibility to select a remedy that is intended fish, wildlife, other living resources, water, lands, to reduce or eliminate current and future threats and protected areas. Trusteeship is derived from to human health or the environment. It is the
ESOURCE Federal and Tribal treaties, Federal and State Tr ustees’ responsibility to restore or replace the
R statutes, and other laws. For the Hudson River, natural resources that are harmed. Congress deter- the Trustees are the U.S. Department of mined that, rather than requiring the taxpayers to Commerce, the U.S. Department of the Interior bear the costs of cleanup and restoration, it was
TURAL (DOI), and the State of New York (collectively fairer and more reasonable that entities that prof- A “the Trustees”). These entities have each desig- ited from the generation and inexpensive disposal N nated representatives that are responsible for eval- of hazardous substances, or had other significant uating the injuries associated with hazardous connections to a site containing hazardous sub- substance contamination of natural resources and stances, be responsible for addressing the harms determining appropriate actions to restore those caused by those substances. Natural resource resources. For the Hudson River, the organiza- damages are therefore not penalties or fines. tions that have been designated to perform these Rather, they provide a means to restore the evaluations are the National Oceanic and injured public resources to the condition they Atmospheric Administration (NOAA), the U.S. would have been in but for the release, and to Fish and Wildlife Service (USFWS), which rep- compensate the public for lost services provided resents the concerned DOI agencies (USFWS by those resources. and the National Park Service), and the New York State Department of Environmental Conservation (NYSDEC). NATURAL RESOURCE DAMAGE ASSESSMENT - HOW IT WORKS
The ultimate objective of a NRDA is to restore natural General guidelines for performing a natural resources that have been injured by hazardous substance resource damage assessment involving hazardous substances such as PCBs are described in regula- contamination to baseline, or the condition that would have tions written by the U.S. Department of the existed if the hazardous substances were not released. Interior and appear in the Code of Federal Regulations at Title 43 Part 11. These guidelines The process by which the Trustees evaluate describe methods for (1) deciding to conduct a the injuries associated with hazardous substance damage assessment, (2) establishing that haz- contamination in natural resources is known as a ardous substance contamination has injured nat- natural resource damage assessment (NRDA). ural resources, (3) determining the quantity of The ultimate objective of a NRDA is to restore injured natural resources, (4) determining the natural resources that have been injured by haz- amount of restoration required to fix or replace ardous substance contamination to baseline, or the injured natural resources and compensating
2 Subject to Public Review EXECUTIVE SUMMARY HUDSON RIVER N
the public for the lost functions, and (5) planning This Assessment Plan documents that natural A and conducting projects designed to restore the resources of the Hudson River have been exposed TURAL injured resources. to contamination by PCBs. Those natural resources of the Hudson River for which exposure The first phase of a NRDA is the preassess- to PCBs has been confirmed are: R
ment phase, during which the Trustees organize ESOURCE and assess available information about the area of •Biota, including fish, birds, mammals, concern and summarize their findings in a docu- amphibians, reptiles, and invertebrates ment called a Preassessment Screen Determination •Surface water resources, including river (PSD). The Trustees issued a PSD in October sediments 1997, formalizing their decision to proceed with a •Groundwater resources D NRDA for the Hudson River. The Preassessment AMAGE •Geologic resources, including floodplain Screen Determination documents the following: soils, and PCBs were released to the Hudson River; Trustee • Air resources
resources have been or are likely to have been A adversely affected by the PCBs; the concentration This Assessment Plan provides information SSESSMENT of the PCBs is sufficient to potentially injure nat- regarding three major steps in the assessment: ural resources; the data necessary to conduct a pathway and injury determination, injury quan- NRDA are available or can be obtained at a rea- tification, and damage determination and restora- sonable cost; and, the completed or planned tion. This framework is consistent with the DOI response actions would neither completely reme- regulations and provides an effective means of P diate the injuries to natural resources nor com- considering the impacts of PCB contamination LAN pensate for the public’s lost use. in the Hudson River environment. Within each of these steps, the Trustees propose individual investigations (listed below) that, together, will BOUT THE AMAGE SSESSMENT LAN A D A P define the nature and extent of injuries caused by Following issuance of the Preassessment Screen PCBs in the Hudson River environment. Determination, the Trustees determined that Investigations may be added or removed as deter- development of a Damage Assessment Plan was mined appropriate by the Trustees based on addi- appropriate. The Trustees then issued, for public tional information developed by the Trustees. review and comment, a “Draft Scope for the This is an iterative process which may take sev- Hudson River Natural Resource Damage eral years to complete. Assessment Plan.” That scoping document, which During the pathway determination phase of contained a preliminary outline of the potential the assessment, the Trustees will document how contents of a Damage Assessment Plan for the PCBs move through the environment. The Hudson River, formed the basis for subsequent Tr ustees’ currently proposed approach to pathway development of this document. determination entails three studies, as follows: This document, known as a Damage • PCB sources to sediment and water Assessment Plan, is part of the Hudson River •Food web pathway evaluation, and NRDA. The purpose of this Assessment Plan is to structure the NRDA to ensure that it is per- •Floodplain evaluation formed in a planned and systematic manner and The studies listed above are preliminary at a reasonable cost. Reasonable cost means that investigations. Should the Trustees determine, the anticipated cost of the assessment is expected based on such preliminary investigations, that a to be less than the anticipated damage amount full pathway determination study is warranted, determined in the assessment. This Assessment the Trustees will develop a study plan for that Plan describes the activities that constitute the effort that will be peer reviewed and released to Tr ustees’ currently proposed approach. These the public for comment. efforts are designed to provide more information on the nature and extent of the injuries associated During the injury determination and quan- with PCB contamination in the Hudson River. tification phase of the assessment, the Trustees
EXECUTIVE SUMMARY Subject to Public Review 3 During the injury determination and quantification phase of •Groundwater quality evaluation LAN the assessment, the Trustees undertake investigations to •Geologic resource evaluation P determine the injuries to natural resources resulting from • Air quality evaluation
exposure to PCBs, and then quantify those injuries, including The studies listed above can be categorized as
HUDSON RIVER how long each resource has been or will be injured, and the either preliminary investigations or injury deter- reduction in services that has resulted from the injury. mination/quantification studies. Many of the SSESSMENT studies listed above are preliminary investigations, A designed to improve the Trustees’ understanding of exposure of Hudson River resources to PCBs. undertake investigations to determine the injuries Data from these preliminary investigations will to natural resources resulting from exposure to AMAGE then be assessed by the Trustees to determine PCBs, and then quantify those injuries, includ- D whether injury determination/quantification ing how long each resource has been or will be studies are warranted, or whether a particular injured, and the reduction in services that has resource should not be assessed further for injury. resulted from the injury. This Assessment Plan Should the Trustees determine, based on such a identifies procedures that are appropriate to eval- preliminary investigation, that an injury determi- ESOURCE uate the injuries to natural resources associated nation study is warranted, the Trustees plan to R with exposure to PCBs. develop a study plan for that effort that will be The Trustees are considering conducting peer reviewed and released to the public for injury determination and quantification for the review and comment. The results of any study TURAL
A following Hudson River resources: fish, birds, conducted pursuant to such a study plan will be
N mammals, amphibians and reptiles, surface water, peer reviewed upon completion of the study, and groundwater, geologic resources, and air. The the results then released to the public. Tr ustees’ currently proposed approach to injury Based on the results of the injury determina- determination and quantification entails the fol- tion and quantification, the Trustees will estab- lowing specific investigations: lish the total quantity of injured natural resources •Fish consumption advisory that must be restored or replaced, or for which •Fish - FDA evaluation the equivalent must be acquired. The Trustees •Preliminary fish evaluation will also calculate the total reduction in services that has resulted from the injury. The Trustees •Fish health reconnaissance survey will then determine how to restore, replace, or •Effects of PCBs on early life stages of fish acquire those resources. The Trustees will also •Waterfowl consumption advisory determine the compensable value of services lost •Waterfowl - FDA evaluation to the public from the time of the release to full restoration. This can be done by establishing the •Preliminary avian evaluation value of the injured resources or by calculating the •Breeding bird survey cost of the restoration projects that will compen- •Bird egg study sate the public for the injuries. This is done in the •Evaluation of avian exposure from feeding on damage determination and restoration phase of floodplain organisms the assessment. The Trustees’ currently proposed •Bald eagle monitoring approach to damage determination and restora- tion entails four studies, as follows: •Mink and otter health •Recreational fishing lost use study •Bat exposure •Habitat equivalency analysis •Snapping turtle consumption advisory • Assessment of lost navigational services •Snapping turtle health • Assessment of impacts to National Park Sites •Water quality evaluation and Affiliated Areas •Sediments characteristic of solid waste •Sediments injury: pathway and biota
4 Subject to Public Review EXECUTIVE SUMMARY HUDSON RIVER N
The results of any of these, or other, studies A
HOW YOU CAN HELP TURAL undertaken by the Trustees will be contained within the Report of Assessment to be issued by The Trustees are interested in receiving feedback the Trustees at the conclusion of the assessment. on this Assessment Plan. To facilitate this process,
The Report of Assessment will be released to the the Trustees are asking the public and the party R public. or parties responsible for the contamination to ESOURCE review the Assessment Plan and provide feedback This Assessment Plan is a living document on the proposed approach and studies. that the Trustees will continue to develop and Comments should be submitted by November 29, refine as the NRDA progresses. As Trustee inves- 2002. These comments will help the Trustees tigations proceed and as new study plans are pro- D plan and conduct an assessment that is scientifi- posed, the Trustees intend to issue updates, AMAGE cally valid, cost effective, and that incorporates a including fact sheets, so that all interested indi- broad array of perspectives. To that end, the viduals can remain apprised of ongoing and Tr ustees request that you carefully consider this
planned NRDA activities. As additional opportu- A Assessment Plan and provide any comments you nities for public involvement arise, the Trustees SSESSMENT may have to: plan to advertise those opportunities in newspa- pers, direct mailings, and on the Trustees’ internet CONTACT FOR PUBLIC COMMENTS sites, and to provide information on how to par- Steven Jay Sanford ticipate. The internet sites for NOAA, USFWS, Chief, Bureau of Habitat and NYSDEC are available at: Division of Fish, Wildlife and Marine Resources P
• http://www.darp.noaa.gov/neregion/hudsonr.htm, LAN New York State Department of Environmental • http://contaminants.fws.gov/restorationplans/ Conservation HudsonRiver.cfm 625 Broadway • http:www.dec.state.ny.us/website/dfwmr/habitat/ Albany, NY 12233-4756 nrd/index.htm 518-402-8996 fax: 518-402-8925 The Trustees will consider all public com- [email protected] ments and input on the Assessment Plan, and will prepare a responsiveness summary to the com- ments. Based on the public’s comments or other information, the Trustees may modify the Assessment Plan at any time. Any modifications will be made available for review by the public, including the party or parties responsible for the contamination. At the conclusion of this assess- ment, the Trustees will prepare a Report of Assessment that includes this Assessment Plan, as well as any comments and responses to comments on plan modifications and subsequently devel- oped study plans and any additional information relevant to the assessment. The Report of Assessment will be released to the public.
EXECUTIVE SUMMARY Subject to Public Review 5 HUDSON RIVER CHAPTER 1 N A TURAL TTHEHE NNAATURAL,, CCULTURALULTURAL,, R ANDAND EECCONOMICONOMIC SSIGNIFICANCEIGNIFICANCE ESOURCE OF THE UDSON IVER OF THE HHUDSON RRIVER D AMAGE A SSESSMENT P LAN
Photos courtesy of National Oceanic and Atmospheric Administration/Department of Commerce Photo courtesy of the National Park Service
he Hudson River originates in Lake Tear of upstream of the Federal Dam further impede fish Tthe Clouds in the Adirondack Mountains passage, although all of the dams are associated and flows south for 315 miles, past many of New with locks that allow for some fish movement York State’s major cities, including Troy, Albany, both upstream and downstream. A few anadro- Poughkeepsie, and New York City (see Exhibit mous species such as blueback herring and giz- 1-1). In total, about 13,390 square miles of land zard shad have been collected in the Upper drain to the Hudson River; this drainage basin Hudson River. Land use along the Upper Hudson encompasses about one-quarter of New York, as River is dominated by forests and agriculture well as portions of Connecticut, Massachusetts, interspersed with towns and cities. New Jersey, and Vermont. The river reaches a The Lower Hudson River extends from just maximum depth of 216 feet, and is over three below the Federal Dam at Troy to the Battery in miles wide in some places. Manhattan, a length of approximately 155 miles. For purposes of this assessment, the Trustees This portion of the river is influenced by both the will consider the Hudson River as comprising two freshwater that flows from the river’s upper distinct parts that are known as the Upper and reaches as well as by seawater that moves Lower Hudson River. The Upper Hudson River upstream with the ocean’s tide. During extreme extends from the river’s origin to the Federal Dam droughts, saltwater can push as far north as at Troy, a distance of approximately 160 miles. Poughkeepsie, 60 miles upstream of the river’s The southern portion of the Upper River has mouth. The Lower Hudson River and adjoining been extensively modified by dams that create a tributaries provide significant spawning and nurs- series of interconnected impoundments with rela- ery habitat for a number of anadromous fish tively slow currents. The Upper Hudson River is a species. Land uses along the banks of the Lower freshwater ecosystem. The Federal Dam is the Hudson River range from forest and agriculture first significant barrier to upstream fish move- to intensive residential, commercial, and indus- ment in the Hudson River. Dams located trial development.
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 7 EXHIBIT 1-1: HUDSON RIVER BELOW CORINTH, NEW YORK LAN P Hudson Falls Ford Edward Corinth tten K
HUDSON RIVER i Ba ll CR Fish SSESSMENT
A Stillwater M ohaw H k o R o s i c R AMAGE
D Troy Albany
R C
ESOURCE k o o erh R C d at i n sk K i ll CR
TURAL Hudson A
N Esopus CR
Kingston KEY Hudson River R out C und R Ro C Hudson River Tributaries r e g in p p County Boundaries Poughkeepsie a W 030 CR ill Fis hk Kilometers Newburgh odna CR o M
R Peekskill l l i k l a
W
Yonkers
New York
8 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER N
The Hudson River plays a role in the larger A TURAL ECOLOGICAL COMMUNITIES OF THE global ecosystem as well. Most notably, the river UDSON IVER provides essential habitat for anadromous fish H R species such as striped bass (Morone saxatilis) and
American shad (Alosa sapidissima). Anadromous R ESOURCE The Hudson River supports a rich array of eco- species are those that spawn and spend their early logical resources that interact in complex ways. life stages in freshwater but spend the majority of The upper reaches drain a large portion of the their adult lives in salt water. The Hudson River eastern Adirondack Mountains, where it flows also supports the catadromous American eel through forests of first coniferous trees, such as (Anguilla rostrata), which spends most of its life D spruces (Picea spp.), balsam fir (Abies balsamea), in the river before moving to the ocean to spawn. AMAGE and white pine (Pinus strobus), and then northern The Hudson River Valley is an important migra- hardwoods, such as maple (Acer spp.), beech tion stop for numerous species of waterfowl, (Fagus americana), and birches (Betula spp.). including tens of thousands of geese and ducks that spend winters on the river. A
Between Hudson Falls and Troy, the forests give SSESSMENT way to farmlands, where corn and hay are grown The purpose of this section of the Assessment for the local dairy industry. Throughout this Plan is to briefly describe representative ecological reach, the waters of the Hudson are fresh and communities along the Hudson River between unaffected by tides. Below Troy, the Hudson Hudson Falls and Manhattan. The descriptions flows through hardwood forests and farmlands will provide a sense of the biological diversity pre- but also through increasing levels of development, P sent in the Hudson River ecosystem. An ecologi- LAN urban, industrial, and residential. Ocean tides are cal community is a “variable assemblage of felt as far upstream as the Federal Dam at Troy; interacting plant and animal populations that saltwater from the Atlantic typically reaches as far share a common environment”(5). Communities upstream as Newburgh. The Hudson Valley include the full range of organisms, from simple becomes increasingly developed as the river flows forms such as bacteria, fungi, and plankton, to to New York City. These conditions create a tran- the most complex flowering plants and vertebrate sitional ecosystem that provides habitat for a wide animals, whether they are permanent residents or range of plants and animals. migratory visitors. Hudson River communities Resource management officials have recog- are dependent on environmental features includ- nized the ecological significance of the Hudson ing: elevation, topographic position, geologic his- River ecosystem in a variety of ways. The impor- tory, soil type, land use history, water depth, water tance of the Hudson River’s habitat has been rec- quality, tides, and salinity. ognized by the New York Department of State, which has designated 41 sections of the Hudson River as significant tidal habitat (2). Additionally, the U.S. Fish and Wildlife Service (USFWS) has The U.S. Fish and Wildlife Service has recognized a number recognized a number of regionally significant of regionally significant habitats along the river, including habitats along the river, including Papscanee Papscanee Marsh, Vosburg Swamp, and Esopus Estuary. Marsh, Vosburg Swamp, and Esopus Estuary (3). Similarly, the National Oceanic and Atmospheric NOAA has designated four sections of the Hudson River, Administration (NOAA) has designated four sec- Piermont Marsh, Iona Island, Tivoli Bays, and Stockport tions of the Hudson River, Piermont Marsh, Iona Flats, as a National Estuarine Research Reserve. The National Island, Tivoli Bays, and Stockport Flats, as a National Estuarine Research Reserve. The Marine Fisheries Service has designated the river Essential National Marine Fisheries Service has designated Fish Habitat, in recognition of the role the river plays in the river an Essential Fish Habitat, in recognition maintaining 34 commercially important fish species. of the role the river plays in maintaining 34 com- mercially important fish species (4).
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 9 Some of the communities described below HUDSON FALLS TO TROY LAN support organisms, especially among the plants, P which require very specific environmental fea- The main river channel between Hudson Falls tures. For example, high salinity precludes the and Troy is a wide, slow-flowing channel with a survival of most flowering plants and amphibians. mostly sandy bottom and beds of aquatic vegeta-
HUDSON RIVER Some fish require high salinities; others simply tion in coves or bar areas where finer soils accu- cannot survive them. Plants and animals with mulate (6). Riffle habitat is limited and usually
SSESSMENT narrow requirements may have a limited distribu- found adjacent to islands or man-made structures A tion within the Hudson Valley. Organisms with such as locks and low-head dams. Typical fish wider tolerances use many of the communities species found in the main channel include large- and are distributed throughout the valley; this is mouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieui), yellow perch (Perca
AMAGE especially true among the mammals and the birds. flavescens), brown bullhead (Ameiurus nebulosus), D For example, semi-aquatic mammals such as mink (Mustela vison), river otter (Lontra canaden- northern pike (Esox lucius), white sucker sis), and muskrat (Ondatra zibethicus) use aquatic (Castostomus commersoni), and American eel (6). habitats throughout the Hudson Valley; the mink Beds of wild celery (Vallisneria americana), uses uplands more than the others do. Eurasian milfoil (Myriophyllum spicatum), and ESOURCE Furthermore, many species of wildlife use differ- water chestnut (Trapa natans) are present in por- R ent communities for different life functions, such tions of the main channel where the bottom sed- as feeding, resting, reproducing, hibernating, and iments are stable and sunlight can penetrate far migrating. Several species of bats can be found enough to support plant growth. Waterfowl such
TURAL foraging over both aquatic and terrestrial habitats as mallards (Anas platyrhynchos), black ducks A but may roost in trees, caves, or buildings in the (Anas rubripes), and Canada geese (Branta N uplands. White-tailed deer (Odocoileus virgini- canadensis) forage in these beds. Examples of this anus) and short-tailed shrews (Blarina brevicauda) community occur along Griffin Island in Saratoga are generally associated with uplands but will fre- County (7). quently venture into wetter communities. Many This section of the Hudson River also sup- birds, too, exhibit a wide use of community types. ports wetland communities such as emergent Waterfowl will generally roost and rest on water marshes, shrub swamps, hardwood swamps, and but will feed in both uplands and wetlands. Tree floodplain forests. These communities occur in swallows (Tachycineta bicolor) nest in tree cavities patches along the banks of the river and are inter- or artificial boxes but will feed on insects over spersed with stretches where uplands come right aquatic habitats. Herons can be found through- to the banks. out the river wherever the water is shallow enough to enable them to wade and hunt for their aquatic Emergent marshes occur along the edges of prey. bays and near the mouths of some tributaries. Marshes that are usually flooded during most of the growing season support plants such as spat- terdock (Nuphar luteum), pickerelweed (Pontedaria cordata), arrowhead (Sagittaria spp.), cattail (Typha spp.), and softstem bulrush (Scirpus validus); those flooded only during high water periods support rice cutgrass (Leersia oryzoides), purple loosestrife (Lythrum salicaria), wool grass (Scirpus cyperinus), and various sedges (Carex spp.) (5). Northern pike and carp (Cyprinus carpio) use these flooded areas as spawning habitat; frogs and waterbirds such as herons, bitterns, rails, and waterfowl feed and reproduce here. A good exam- ple of an emergent marsh can be seen along the
10 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER N
west side of the river near the confluence of such as subtidal shallows, intertidal mudflats and A Snook Creek in Saratoga County (8). intertidal shores. Patches of tidal marshes and TURAL floodplain swamps are found along the shores. Scrub-shrub swamps occur at slightly higher These communities occur above the salt front elevations than emergent marshes and are flooded where the surface water salinity is generally lower R
less frequently. Typical shrubs include silky and ESOURCE than 0.5 parts per thousand. red-osier dogwoods, shrub willows (Salix spp.), and spiraeas; herbaceous species such as cattails Freshwater subtidal shallows and aquatic and sedges may also be present. Common yel- beds include wild celery, naiads (Najas spp.), and lowthroat (Geothlypis trichas), yellow warbler the introduced water chestnut. An example of this (Dendroica petechia), and song sparrow (Melospiza community occurs near Constitution Marsh in D melodia) are typical songbirds. This type of Putnam County (2, 5). AMAGE swamp can be seen on Thompson Island in Intertidal mudflats generally occur in areas Saratoga County (8). where wave energy or unstable substrates prevent Hardwood swamps are found as elevation stands of rooted plants from becoming estab- A increases and flooding decreases. Trees such as red lished, though scattered individuals may be pre- SSESSMENT maple (Acer rubrum), silver maple (Acer sacchar- sent, particularly along the periphery. Mudflat inum), eastern cottonwood (Populus deltoides), areas provide important foraging areas for migrat- black willow (Salix nigra), and green ash (Fraxinus ing shorebirds and waterfowl. Species that use pensylvanica) dominate the canopy. Wood ducks these areas year-round include black duck, mal-
(Aix sponsa) nest in cavities in large trees and red- lard, Canada goose, herring gull (Larus argenta- P bellied woodpeckers (Melanerpes carolinus) bore tus), ring-billed gull (L. delawarensis), great blue LAN into dying trees. Wood frog (Rana sylvatica) and heron (Ardea herodias), and fish crow (Corvus spotted salamander (Ambystoma maculatum) may ossifragus) (7). Examples of this community occur be present if temporary (vernal) pools are in North Tivoli Bay in Dutchess County and available in the spring and early summer (9). Inbocht Bay in Greene County (2, 5). Examples of this community occur on Thompson Freshwater tidal marshes occur in shallow Island in Saratoga County and downstream of bays, bars, or tributary mouths and are flooded Fort Miller in Washington County (8). for at least a portion of the growing season. The Floodplain forests are closely associated with wettest sites are flooded daily during high tides the river and are subject to a wide range of inun- and support plant species such as spatterdock dation. Some may be flooded after every severe (Nuphar luteum), pickerelweed, three-square storm, others only flood during exceptional (Scirpus americanus), and common reed. Sites at runoff events. Eastern cottonwood, silver maple, higher elevations may only be inundated or satu- red maple, black willow, and sycamore (Platanus rated during spring tides and support the same occidentalis) are indicative of this community. plant and animal species found in the marshes American woodcock (Philohela minor) nest and found further upriver. Examples of this commu- forage on the ground (5). nity occur at the Stockport Creek marshes in Columbia County and North Tivoli Bay in Dutchess County (5). TROY TO NEWBURGH Freshwater tidal swamps occupy low-lying Below the Federal Dam at Troy the Hudson River areas adjacent to the main stem of the Hudson becomes an estuary, where fresh waters meet salt River or major tributaries that are inundated sea- waters. Tides in the Lower Hudson River occur sonally or by the highest storm tides. The plants twice each day. They rise and fall a total of about and animals found here are very similar to those five feet at Troy (the northern extent of tidal which use the hardwood swamps found further influence) and at the mouth near the Battery on upriver. Examples of freshwater tidal swamps Manhattan. Tidal amplitude declines to about occur along Schodack-Houghtaling Island, in three feet mid-estuary. The main channel of the Rensselaer and Greene Counties and on Roger’s river courses through freshwater tidal wetlands Island in Columbia County (2).
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 11 food and cover for wildlife and includes widgeon- NEWBURGH TO MANHATTAN LAN grass (Ruppia maritima), saltmarsh cordgrass P Below Newburgh, the estuarine system consists of (Spartina alterniflora), and common reed saltwater and brackish communities. The main (Phragmites australis). As salinity drops in the channel of the river is flanked with patches of upstream portions of these creeks, plant species
HUDSON RIVER wetland communities or is abruptly met by such as narrow leaf cattail (Typha angustifolia), uplands and even steep bluffs. The transition pickerelweed, and purple loosestrife (Lythrum
SSESSMENT from upland to aquatic habitats is commonly salicaria) become more abundant. Resident fish A interrupted by man-made structures such as rail- use tidal creeks and also the salt marsh when it is road beds and bulkheads. flooded at high tide; these include the Atlantic sil- The tidal river itself comprises deepwater and versides (Menidia menidia), mummichog
AMAGE shallow zones. Salinity varies within the deepwa- (Fundulus heteroclitus), striped killifish (Fundulus
D ter zone (over 6 feet deep at mean low tide); a sur- majalis), and American eel (Anguilla rostrata) (5). face layer of lighter freshwater (salinity less than These tidal creeks are also used as nursery habitat 0.5 parts per thousand (ppt)) flows above a brack- for winter flounder (Pseudopleuronectes ameri- ish layer (salinity from 0.5 ppt to 18 ppt). Salinity canus), black sea bass (Centropristis striata), blue- in the middle reaches of the estuary fluctuates fish (Pomatomus saltatrix), and striped bass (5). ESOURCE Less saline reaches of these creeks may support
R with the movement of the salt front as the tides move in and out and as seasonal fluctuations in species such as pumpkinseed, largemouth bass, rainfall cause variations in freshwater inputs from and three-spined stickleback (Gasterosteus aculea- upstream (3). Under average runoff conditions, tus). Wildlife using these habitats include black TURAL duck, Canada goose, marsh wren (Cistothorus A the salt front reaches West Point or Newburgh. palustris), raccoon (Procyon lotor), and muskrat. N Characteristic fish include resident and anadro- mous species such as Atlantic tomcod An example of this habitat includes Piermont (Microgadus tomcod), hogchoker (Trinectes macu- Marsh in Rockland County (2). latus), and rainbow smelt (Osmerus mordax) in the Brackish subtidal aquatic beds occur in con- deepwater zone. Shallow water species include tinuously-flooded areas of the river and are dom- striped bass, American shad, banded killifish inated by rooted submergent vegetation species (Fundulus diaphanus), and blue claw crab such as waterweed (Elodea spp.), coontail (Callinectes sapidus) (3, 5). Some fish species more (Ceratophyllum demersum), and sago pondweed typical of freshwater systems, such as tessellated (Potamogeton pectinatus). Introduced species, such darter (Etheostoma olmstedi) and pumpkinseed as curlyleaf pondweed (Potamogeton crispus), and (Lepomis gibbosus), are found in the less saline nuisance invasive species such as Eurasian milfoil, portions of the estuary. Certain fish can be found are also abundant. These beds provide habitat for in both deepwater and shallow water habitats; a variety of fish species such as largemouth bass, these include white perch (Morone americana) pumpkinseed, yellow perch, and white perch. and alewife (Alosa pseudoharengus). An example of They are also important foraging areas for water- this habitat is Haverstraw Bay in Rockland and fowl. Examples of this community are also located Westchester Counties. at Piermont Marsh (2, 5). Other permanently flooded habitats include In addition to the more common inhabitants tidal creeks and brackish aquatic beds. Tidal of the Hudson River’s major ecological commu- creeks are permanently flooded and drain the nities, the river also is home to a number of tidal waters of coastal saltmarshes. Water is brack- species that the State of New York and the Federal ish to saline (0.5 to 30.0 ppt) and water levels government list as threatened and endangered or fluctuate with the tides. Creek banks are flooded that the State considers “of special concern.” during high tides but exposed at low tides. Tidal Exhibit 1-2 lists the Hudson River species that fall creeks that have not been altered by historic mos- into these categories. quito ditching or small navigational dredging pro- jects tend to follow sinuous pattens through the salt marsh. Here the plant community provides
12 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER EXHIBIT 1-2: ENDANGERED, THREATENED, SPECIAL CONCERN OR RARE SPECIES IN OR NEAR THE HUDSON RIVER N
ENDANGERED, THREATENED, SPECIAL CONCERN OR RARE SPECIES IDENTIFIED IN OR NEAR A THE HUDSON RIVER BY THE STATE OF NEW YORK OR AS POTENTIALLY OCCURRING IN OR TURAL NEAR THE HUDSON RIVER BY THE U.S. FISH AND WILDLIFE SERVICE R ESOURCE COMMON NAME SCIENTIFIC NAME FEDERAL STATUS NEW YORK STATE STATUS
PLANTS
American waterwort Elantine americana Endangered D
Bicknell’s sedge Carex bicknelli Rare AMAGE Blunt-lobe grape fern Botrychium oneidense Endangered Clustered sedge Carex cumulata Rare
Davis sedge Carex davisii Rare A SSESSMENT Estuary beggar-ticks Bidens bidentoides Threatened False hop sedge Carex lupiformes Rare Glaucous sedge Carex flaccosperma var. glaucodea Rare Golden seal Hydrastis canadensis Threatened
Heartleaf plantain Plantago cordata Threatened P LAN Illinois pinweed Leachea racemulosa Rare Marsh straw sedge Carex hormathodes Rare Mock-pennyroyal Hedeoma hispidum Rare Saltmarsh bulrush Scirpus novae-angliae Endangered Schweinitz’s flatsedge Cyperus schweinitizii Rare Slender crabgrass Digitaria filiformis Threatened Smooth bur-marigold Bidens laevis Rare Southern yellow flax Linum medium var. texanum Threatened Spongy arrowhead Sagittaria calycina var. spongiosa Rare Swamp lousewort Pedicularis lanceolata Rare Swamp cottonwood Populus heterophylla Threatened Violet lespedeza Lespedeza violacea Rare Water pigmyweed Crassula aquatica Endangered Weak stellate sedge Carex seorsa Rare
INVERTEBRATES Karner blue butterfly Lycaeides melissa samuelis Endangered Endangered
FISH Shortnosed sturgeon Acipenser brevirostrum Endangered Endangered
AMPHIBIANS Northern cricket frog Acris crepitans Endangered
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 13 EXHIBIT 1-2 CONTINUED: ENDANGERED, THREATENED, SPECIAL CONCERN OR RARE SPECIES IN OR NEAR THE HUDSON RIVER
ENDANGERED, THREATENED, SPECIAL CONCERN OR RARE SPECIES IDENTIFIED IN OR NEAR LAN THE HUDSON RIVER BY THE STATE OF NEW YORK OR AS POTENTIALLY OCCURRING IN OR P NEAR THE HUDSON RIVER BY THE U.S. FISH AND WILDLIFE SERVICE HUDSON RIVER COMMON NAME SCIENTIFIC NAME FEDERAL STATUS NEW YORK STATE STATUS SSESSMENT A REPTILES Bog turtle Clemmys muhlenbergii Threatened Endangered Blanding’s turtle Emydoidea blandingii Threatened AMAGE
D Fence lizard Sceloporus undulatus Threatened Timber rattlesnake Crotalus horridus Threatened Spotted turtle Clemmys guttata Special Concern Wood turtle Clemmys insculpta Special Concern ESOURCE
R BIRDS Peregrine falcon Falco peregrinus Endangered Short-eared owl Asio flammeus Endangered TURAL
A Least bittern Ixobrychus exilis Threatened N Bald eagle Haliaeetus leucocephalus Threatened Threatened Northern harrier Circus cyaneus Threatened King rail Rallus elegans Threatened Upland sandpiper Bartramia longicauda Threatened Osprey Pandion haliaetus Special Concern Cooper’s hawk Accipiter cooperii Special Concern Red-shouldered hawk Buteo lineatus Special Concern Common nighthawk Chordeiles minor Special Concern Vesper sparrow Pooecetes gramineus Special Concern Grasshopper sparrow Ammodramus savannarum Special Concern
MAMMALS Indiana bat Myotis sodalis Endangered Endangered Allegheny woodrat Neotoma magister Endangered
SOURCE: (10, 11)
14 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER N
suggest that roughly 150 vessels carried as many A TURAL HISTORICAL SIGNIFICANCE OF as a million passengers each year. The new trans- THE UDSON IVER portation corridor allowed development of indus- H R trial centers such as Cold Spring, where the West
Point Foundry produced metal products ranging R ESOURCE The history and culture of a particular place can from pipes to railroad engines. Industrial enter- sometimes be traced through a prominent natural prises that thrived along the Hudson River feature. Such is the case with the Hudson River. included whale processing, ice production, brick Many of the major historical events and trends of making, and brewing. the northeastern United States — exploration, Despite rapid industrialization in parts of the D war, industrialization — are reflected in the his- Hudson River Valley, the region also became pop- AMAGE tory of and human activity within the river basin. ular as a recreational retreat. New York City resi- In 1998, the Federal government recognized the dents traveled to the valley to take advantage of Hudson River’s historical and cultural significance
the mountains and fresh air, believing that such A by designating it as an American Heritage River. conditions were therapeutic. The area’s reputation SSESSMENT The Heritage Rivers program strives for natural as a tourist destination was enhanced with the resource protection, economic revitalization, and advent of the Hudson River School of Painting, a historic and cultural preservation in the country’s detailed landscape style that became popular with most valuable river corridors. artists and art lovers alike in the mid-19th cen- tury. In the centuries preceding European settle- P ment, the Hudson Valley was home to several LAN groups of Native Americans, including the Mohican and Haudenosaunee. As shown in Exhibit 1-3, the recorded history of the Hudson In 1998, the Federal government recognized the Hudson begins with its exploration by Henry Hudson in River’s historical and cultural significance by designating it as 1609. Sailing for a Dutch trading company, an American Heritage River. Hudson was searching for a passage to China when he came upon the river. Dutch colonists subsequently settled an area near the mouth of the Hudson River, which they named New Finally, the Hudson River has played a major Amsterdam. role in the history of modern environmentalism. The Hudson River was the site of a number Efforts by wealthy industrialists to protect the of events during the Revolutionary War. The Palisades, the majestic cliffs of the Lower Hudson Battle of Saratoga was fought along the banks of River, increased environmental awareness in the the Hudson River in 1777 and led to a critical area, and led to further efforts to protect the alliance between the Americans and the French. river’s habitat and ecosystems. For example, Bear In 1778, the Americans recognized the strategic Mountain-Harriman State Park, which was estab- importance of the Hudson River and began lished in 1910, represents one of the first major building forts at West Point. The infamous spy conservation successes in the Nation’s history. Benedict Arnold commanded the area, but was Beginning in 1963, a battle over construction of a foiled in his attempts to pass information about large electric generating facility on the Hudson the forts to the British. Beginning in 1782, River led to the formation of Scenic Hudson, a George Washington commanded the war from a river protection group that still exists to this day. post in Newburgh, along the Hudson River. Other non-governmental organizations active in the Hudson River valley include Hudson River The next century in the Hudson River Valley Sloop Clearwater, Riverkeeper, the Natural was one of innovation and industrialization. The Resources Defense Council, the Sierra Club, and introduction of steamboat travel in 1807 was others. instrumental in getting people and supplies up and down the Hudson River. By 1850, estimates
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 15 EXHIBIT 1-3: SELECTED EVENTS IN THE RECORDED HISTORY OF THE HUDSON RIVER
SELECTED EVENTS IN THE RECORDED HISTORY OF THE HUDSON RIVER LAN P
1609 Englishman Henry Hudson, sailing for the Netherlands, explores Hudson River, sailing as far
HUDSON RIVER north as present-day Albany.
SSESSMENT 1624 A The Dutch settle permanently along the Hudson River; call their settlement New Amsterdam.
1664
AMAGE British conquer Dutch Amsterdam; rename region New York in honor of the Duke of York. D 1777 Revolutionary War Battle of Saratoga fought along river. Won by the Americans, it leads to the French alliance, and thus to eventual victory and independence.
ESOURCE 1802 R United States Military Academy at West Point established.
1807
TURAL Robert Fulton launches his “North River Steamboat of Clermont” on the Hudson River. The first A ever successful steam-propelled vessel, it begins a new era of transportation. N
1817 West Point Foundry established, which later supplies munitions to the Union during the Civil War.
1825 Completion of the Erie Canal greatly enhances the importance of the Port of New York, connecting the Hudson River to Lake Erie and later to the St. Lawrence River Seaway; Champlain Canal also completed, providing an important transportation corridor for raw materials and completed products from the Hudson River valley to markets beyond.
1828 Opening of Delaware and Hudson Canal between northeastern coal fields of Pennsylvania and ports of New York and New England.
1831 Completion of the Morris Canal; designed to bring coal from Pennsylvania to New York Harbor.
1886 Dedication of the Statue of Liberty in New York Harbor. Poughkeepsie Railroad Bridge constructed.
1984 Hudson River is placed on the Superfund National Priority List.
1996 Hudson River Natural Resource Trustee Council formed.
1998 Hudson designated as an American Heritage River. SOURCE: (12, with adaptation)
16 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER N
Festival, the Hudson Valley Film Festival, the A TURAL RECREATION AND THE Hudson Heritage Festival, and numerous ODERN CONOMY musical performances hosted by arts and cul- M E tural organizations in towns along the
Hudson River. R ESOURCE The Hudson River continues to be an economic •Commercial Cruises: Several companies cornerstone in New York State and the northeast- offer commercial cruises of the Hudson River ern United States. Economic sectors such as that tour the historic towns, architecture, and tourism, fishing, transportation, power genera- natural features of the region. These excur- tion, and real estate development all benefit from sions range from several hours to full week- D the river. As part of the assessment, the Trustees end trips. AMAGE may make a determination of the extent to which the transportation and recreational fishing sectors •Parks and Campgrounds: An extensive net- have been adversely affected by the polychlori- work of parks and campgrounds attracts visi- tors to the Hudson River Valley and provides A nated biphenyl (PCB) contamination. SSESSMENT outdoor recreational opportunities. Bear Foremost among the Hudson River’s eco- Mountain State Park, for example, is open nomic contributions is its continued role as a year-round and offers swimming, hiking, ski- tourist and recreational destination. Historical ing, and other activities. Other popular and sites, sweeping landscapes, boating, and other scenic parks include Adirondack Park, attractions draw visitors year after year. These Schaghticoke Canal Park at Lock 4, Peebles P activities support local businesses and generate Island State Park, Rockefeller State Park LAN revenue for the State. Examples of the Hudson Preserve, Anthony Wayne Recreation Area, River’s tourist offerings include the following. Hudson Highlands State Park, James Baird •Historical Sites: As noted, the Hudson River State Park, Mills-Norrie State Park, and has been at the center of many historical Hudson River Islands State Park. developments in the region. The banks of the river are lined with historic homesteads, museums, and historical parks that evoke key Foremost among the Hudson River’s economic contributions is people and events. Examples include its continued role as a tourist and recreational destination. Clermont State Historic Park, the Hudson Historical sites, sweeping landscapes, boating, and other River Maritime Museum, the Saratoga National Historical Park, the Franklin D. attractions draw visitors year after year. Roosevelt National Historic Site, the Vanderbilt Mansion National Historic Site, •Recreational Boating: Recreational boating the U.S. Military Academy at West Point, is popular in the Hudson River Valley. The and the Cloisters. At the mouth of the Champlain Canal is also important to such Hudson River stands the Statue of Liberty boaters. For the 1999 canal season, 14,298 and the Ellis Island museum. The National pleasure craft traveled through Locks 1 Park Service (NPS) oversees management of (Waterford) through 6 (Fort Miller) of the a number of these sites; other areas affiliated Champlain Canal. Navigation of vessels, par- with the NPS include the Hudson River ticularly larger vessels with deeper drafts, Valley Heritage Area and Hudson River through the Champlain Canal may be Valley Greenway. impeded by the lack of dredging in the Canal •Festivals and Performances: Towns along due to the presence of PCB contaminated the river host annual events that celebrate the sediments. Many boat launches and marinas Hudson River Valley, its history, and its peo- allow access to the Hudson River and its trib- ple. These festivals and performances draw utaries. Requests for space at marinas has his- thousands of visitors each year. Examples torically outstripped availability, indicating include the Hudson Valley Shakespeare strong demand for boating opportunities.
THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER Subject to Public Review 17 and Green Island harness the flow of the river to
LAN FURTHER ECONOMIC SIGNIFICANCE generate electricity. Several thermal power plants P OF THE UDSON IVER (those that use fossil and nuclear fuels) use large H R amounts of cooling water from the Hudson River. These include the Indian Point, Bethlehem, Bowline, Lovett, Roseton, and Danskammer HUDSON RIVER The economic significance of the Hudson River extends beyond just its recreational offerings. An power plants as well as numerous industrial facil-
SSESSMENT estimated 8 million people reside in the 19 coun- ities that generate their own power. Hudson River A ties in New York State that border the Hudson water is also used for domestic purposes (water- River. As an example of the economic significance ing lawns and gardens) and agricultural purposes of the river, the Hudson River serves as a source (irrigating crops). Agriculture in the Upper Hudson River includes apple orchards, dairy
AMAGE of public drinking water for several communities. farms, corn and hay for forage, and cash crops
D The cities of Waterford, Poughkeepsie, and Rhinebeck, as well as the Highland and Port such as oats and wheat. Ewen Water Districts, obtain their water supplies directly from the Hudson River. In addition, a American Shad water intake near Chelsea, north of Beacon, may ESOURCE be used to supplement New York City’s water R supply during periods of drought. The towns of Stillwater and Green Island use groundwater drawn from areas adjacent to the Hudson River
TURAL as their municipal water supplies. The Champlain A
N Canal in the Upper Hudson River served as an important corridor for the transport of petroleum products and jet fuel to the Plattsburgh Air Force Base, until the Base closed in 1994. Present com- mercial traffic on the Champlain Canal consists primarily of tour boats. For the 1999 canal sea- Illustration by: Duane Raver, U.S. Fish and Wildlife Service son, 1,361 commercial vessels traveled through
In addition, the river’s unique ecological features provide In addition, the river’s unique ecological fea- tures provide spawning grounds for important spawning grounds for important commercial species such as commercial species such as striped bass, American striped bass, American shad and rare species such as the shad, and rare species such as the endangered endangered shortnose sturgeon and increasingly scarce shortnose sturgeon and increasingly scarce Atlantic sturgeon. Thus, the Hudson plays an Atlantic sturgeon. important role in the maintenance of commercial fisheries throughout the Northeastern United States. Locks 1 (Waterford) through 6 (Fort Miller). Use of the Canal may be impeded by the accumula- tion of sediments which have not been removed due to PCB contamination. Hudson River water is used for manufacturing processes, cooling, and fire protection. Major industries in the Upper Hudson area include paper mills, hydroelectric plants, and manufacturing (brake linings, paper products, clothing, garden equipment). Hydroelectric dams at Hudson Falls, Fort Miller, Upper Mechanicville, Mechanicville, Stillwater,
18 Subject to Public Review THE NATURAL, CULTURAL, AND ECONOMIC SIGNIFICANCE OF THE HUDSON RIVER HUDSON RIVER CHAPTER 2 N A TURAL PCBPCB CCONTAMINATIONONTAMINATION IN IN R TTHEHE HHUDSONUDSON RRIVERIVER ESOURCE D AMAGE A SSESSMENT
The GE Hudson Falls plant site and Allen Mills.
EPA estimates that GE P
discharged up to 1.3 LAN
Photo by Tom Ligamari for Scenic Hudson, Inc. million pounds of PCBs.
Other possible, less significant sources of HISTORY AND EFFECTS OF PCBS PCBs to the Hudson River include wastewater IN THE UDSON IVER treatment plants, stormwater runoff, landfill H R leachate, dredge spoils, hazardous waste sites, and atmospheric deposition (10, 13). Some of the landfills and dredge spoils contain PCBs that he General Electric Company (GE) is the originated at the GE facilities (10). EPA estimates major source of the PCBs in the Hudson T that 50 percent of the PCB contamination in River (13). At its plants at Fort Edward and New York Harbor is attributable to releases from Hudson Falls, GE manufactured electric capaci- GE’s Fort Edward and Hudson Falls plants. tors containing PCBs. In the course of its manu- facturing activities, GE discharged PCBs directly PCBs are synthetic (man-made) chemicals to the Hudson River and to the soil and ground- that form a group of 209 individual compounds water beneath the two plants, which resulted in that have similar chemical structures based on a additional discharges of PCBs into the river. EPA biphenyl core with 1 to 10 chlorine atoms estimates that GE discharged up to 1.3 million attached. PCBs have the generic formula pounds of PCBs to the Hudson river between the C12H(10-x)Clx, where x is an integer from 1 to 10. 1940s and 1977 (14). Prior to 1975, GE did not Exhibit 2-1, below, is a figure of a biphenyl mole- have a permit authorizing any discharges of cule. Each individual PCB compound, called a PCBs; the vast majority of the total PCBs dis- congener, is identified by the unique number and charged were released prior to 1975. Smaller vol- location of chlorine atoms that attach to the com- umes of PCBs, in contaminated groundwater, pound’s base structure. Congeners differ both in continue to be discharged, without permit, to the their physical properties and in their effects on river through fractured bedrock and soils under- fish and wildlife. All commercial applications of lying the two manufacturing sites to this day. PCBs consist of a mixture of different congeners. These mixtures were produced by multiple man-
PCB CONTAMINATION IN THE HUDSON RIVER Subject to Public Review 19 ufacturers and sold under a variety of trade names passed PCB legislation under the Toxic
LAN including Aroclor, Kanechlor, Clophen, and Substances Control Act (TSCA), effective January P Fenchlor (15). 1977, which required EPA to establish labeling and disposal requirements for PCBs, and man- dated an eventual ban on the manufacture and
HUDSON RIVER processing of PCBs. As a result of the TSCA leg- The physical and chemical properties of PCBs that made them islation, virtually all uses of PCBs and their man-
SSESSMENT useful to industry also contribute to environmental problems. ufacture have been prohibited in the United A PCBs generally degrade slowly once in the environment and States since 1979. their lipophilicity (tendency or affinity to partition to fats) Because of their chemical stability, PCBs allows them to bioaccumulate in higher levels of the food chain . released to the Hudson River may reside in the AMAGE environment for decades or longer. PCBs are D hydrophobic compounds with low water solubil- The properties that make PCBs useful for ities. PCBs also display an affinity for adsorbing commercial applications include chemical stabil- to particulate materials such as sediment and ity, heat resistance, miscibility with organic com- organic matter (22). The hydrophobic nature of
ESOURCE pounds (lipophilicity), and electrical insulating PCBs, in combination with their lipophilicity and
R capabilities (15, 16, 17). Since they were first their tendency to adsorb to particulate matter, manufactured in the United States in the late results in their partitioning into the sediment and 1920s, PCBs have been used for a wide range of biotic components of an aquatic system like the applications, including electrical insulators, plas- Hudson River. PCBs in the water column may be TURAL
A ticizers, lubricants, hydraulic fluids, and sealers absorbed directly into the fats of plankton or ben-
N (18, 19, 20, 21). The physical and chemical prop- thic invertebrates; PCBs may also be taken into erties of PCBs that made them useful to industry the roots or stomata of aquatic plants in the also contribute to environmental problems. PCBs Hudson River and terrestrial plants growing in generally degrade slowly once in the environment the floodplain of the Hudson River (23, 24, 25). and their lipophilicity (tendency or affinity to Higher level organisms, such as fish and birds, partition to fats) allows them to bioaccumulate in may accumulate PCBs directly from the water higher levels of the food chain (15). Due to column or through the ingestion of contaminated increasing concern about the compounds’ impacts food (26, 27). The degree to which PCBs accu- on human health and the environment, Congress mulate in animals is dependent on a number of factors, including their position within the food chain, feeding strategy, longevity, fat content, sex, and reproductive status. EXHIBIT 2-1: BASIC CHEMICAL STRUCTURE OF PCBS Scientific research indicates that PCBs can be harmful to fish and wildlife. The exact nature of BASIC CHEMICAL STRUCTURE OF PCBS these effects depends on the level and duration of exposure, the specific PCB congener mixture to which the organism is exposed, and the specific 3' 2'2 3 organism. Although acute PCB toxicity is rare, exposure to very high levels of PCBs can result in death. For example, a PCB concentration of approximately 310 parts per million (ppm) in the 4' 4 brain has been associated with a high probability of death in a number of bird species (28). Lower concentrations of PCBs may cause a number of harmful biological responses such as reproductive 5'6' 6 5 failure, birth defects, impaired growth, behavioral changes, lesions, immune system dysfunction, or
20 Subject to Public Review PCB CONTAMINATION IN THE HUDSON RIVER HUDSON RIVER N
hormone imbalances. Studies of fish exposed to 1990s, the State has also taken action to require A PCBs have found liver lesions, poor bone devel- GE to remediate PCB sources to the Hudson TURAL opment, higher than normal egg mortality, River at GE’s Hudson Falls and Fort Edward reduced larvae survival, and abnormal cell growth plant sites (13). In 1984, EPA designated 200
(29, 30, 31, 32, 33, 34). Birds exposed to PCBs miles of the Hudson River as a Superfund site, R may exhibit reduced hatching rates, embryo mor- providing a mechanism for evaluation and ESOURCE tality, physical deformations, and changes in brain cleanup. A chronology of selected events related chemistry (35, 36, 37, 38). Laboratory studies to the discharge, discovery, and removal of PCBs have shown that the North American mink in the Hudson River is provided in Exhibit 2-3.
(Mustela vison) is sensitive to PCBs. In controlled D
feeding studies of mink on diets containing AMAGE PCBs, mink experienced reduced or inhibited In 2002, EPA adopted a plan for the cleanup of the Hudson reproduction, disrupted molting, reduction in River Superfund site. The remedial program is designed to thyroid hormones, increased incidence of fetal
remove an estimated 150,000 pounds of PCBs from some of A resorption, and in some instances, mortality (39, SSESSMENT 40). Exhibit 2-2 summarizes PCB concentration the most contaminated portions of the river’s bed. data for Hudson River natural resources and iden- tifies regulatory criteria and guidelines, as well as threshold concentrations that may be associated with adverse biological effects. In 2002, EPA adopted a plan for the cleanup P
of the Hudson River Superfund site. The reme- LAN dial program is designed to remove an estimated 150,000 pounds of PCBs from some of the most contaminated portions of the river’s bed. However, the plan does not address many areas of CLEANING UP PCBSIN sediment contamination that contribute to nat- THE UDSON IVER ural resource injury. Current estimates indicate H R that the remedy will leave behind approximately 80,000 pounds of PCBs in the Upper Hudson Since the magnitude of the PCB problem in the River between Hudson Falls and the Federal Dam Hudson River became known in the early 1970s, at Troy. PCB-contaminated sediments in the many State and Federal authorities and non-gov- Lower Hudson River will also remain. As a result, ernmental organizations have worked to charac- even if this plan is fully implemented, natural terize the contamination in the Hudson River and resources will continue to be exposed to PCBs reduce PCB discharges from GE’s Hudson Falls and may continue to be adversely affected as a and Fort Edward plant sites. In order to facilitate result of that exposure. navigation and to respond to the emergency cre- ated by the removal of a dam in 1973, the New York State Department of Transportation (NYS- DOT) has removed thousands of cubic yards of PCB-contaminated sediments from the river since the 1950s (41, 42). In recent years, navigational dredging in most of the Upper Hudson River has not occurred due to the high concentrations of PCBs in sediments. No dredging in the Upper Hudson River has occurred since 1979, except for the removal of coarse, uncontaminated sediments that periodically accumulate at the mouth of the Hoosic River, a tributary that empties into the Hudson River near Stillwater. Since the early
PCB CONTAMINATION IN THE HUDSON RIVER Subject to Public Review 21 EXHIBIT 2-2: PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES
PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES, REGULATORY CRITERIA AND
LAN GUIDELINES, AND THRESHOLD/EFFECTS IDENTIFIED IN THE LITERATURE P
PCB CONCENTRATION IN REGULATORY CRITERIA SELECTED THRESHOLD/EFFECTS IDENTIFIED HUDSON RIVER RESOURCE HUDSON RIVER OR GUIDELINES IN THE LITERATURE SEDIMENT SSESSMENT
A Upper River Non-detected (ND) - 0.035 ppm Threshold Effect 4,747 ppm, Concentration (TEC) for 1976-2001 (43) freshwater sediment (44)
AMAGE TEC for marine/estuarine ND - >1,700 ppm, 0.048 ppm sediment (44) D Lower River 1976-2001 (43) 0.34 ppm Moderate Effect Concentration (MEC) for freshwater sediment (44)
ESOURCE 0.47 ppm MEC for marine/estuarine
R sediment (44) 1.6 ppm Extreme Effect Concentration (EEC)
TURAL for freshwater sediment (44) A
N 1.7 ppm EEC for marine/estuarine sediment (44) >0.4 - 1.7 ppm 42.5% incidence of toxicity to bottom-dwelling freshwater biota (44) > 1.7 ppm 82.5% incidence of toxicity to bottom-dwelling freshwater biota (44)
WATER Upper River 0.006 - 5.1 ppb, 0.000001 ppb to 1 - >10 ppb Lethal to zooplankton and 1975-2001 (45) protect human large invertebrates such as consumers of fish; shrimp and oysters (47) 6 NYCRR 703.5 (46) > 1 - 10 ppb Lethal to certain fish (48) Lower River 0.006 - 0.46 ppb, 1975-2001 (45) 0.00012 ppb to protect fish-eating wildlife; 6 NYCRR 703.5 (46)
0.001 ppb - general exposure of humans and wildlife; 40 CFR 129.105
0.09 ppb for sources of human drinking water; 6 NYCRR 703.5 (46)
22 Subject to Public Review PCB CONTAMINATION IN THE HUDSON RIVER HUDSON RIVER EXHIBIT 2-2 CONTINUED: PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES N
PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES, REGULATORY CRITERIA AND A GUIDELINES, AND THRESHOLD/EFFECTS IDENTIFIED IN THE LITERATURE TURAL R
PCB CONCENTRATION IN REGULATORY CRITERIA SELECTED THRESHOLD/EFFECTS IDENTIFIED ESOURCE RESOURCE HUDSON RIVER OR GUIDELINES IN THE LITERATURE SNAPPING TURTLE 2.94 - 4,319 ppm in 15 ppm in eggs Reduced hatching success fat (49, 50, 51) of snapping turtles (52) D
0.54 to 196 ppm in AMAGE liver (49, 50, 51)
ND - 3.92 ppm in A
muscle tissue SSESSMENT (50, 51)
FISH ND - 250 ppm in 2 ppm - FDA tolerance High ppb - low Biochemical changes (31) P
brown bullhead fillets, in edible portions of ppm range in fish LAN from 1975-1999 (43) fish (21 CFR 109.30 tissue (a)(7)) ND - 300 ppm in 50 ppm in fish Altered growth (31) largemouth bass fillets, tissue 1975-1999 (43) > 100 ppm in fish Altered reproduction and <0.02 -1,836 ppm in tissue lethality (31) fillets of fish species from the Upper Hudson River, 1977- 1998 (43, 51)
<0.02 - 686 ppm in fillets of fish species from the Lower Hudson River, 1977- 1998 (43, 51)
0.252 - 444.78 ppm in fillets of 21 fish species from the Upper Hudson River, 1998- 1999 (43, 51)
0.032 - 24.8 ppm in fillets of 22 fish species from the Lower Hudson River, 1998- 1999 (43, 51)
PCB CONTAMINATION IN THE HUDSON RIVER Subject to Public Review 23 EXHIBIT 2-2 CONTINUED: PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES
PCB CONCENTRATIONS IN SELECTED HUDSON RIVER NATURAL RESOURCES, REGULATORY CRITERIA AND
LAN GUIDELINES, AND THRESHOLD/EFFECTS IDENTIFIED IN THE LITERATURE P
PCB CONCENTRATION IN REGULATORY CRITERIA SELECTED THRESHOLD/EFFECTS IDENTIFIED HUDSON RIVER RESOURCE HUDSON RIVER OR GUIDELINES IN THE LITERATURE BIRDS SSESSMENT
A <0.01 - 1.1 ppm in 0.3 ppm - FDA 1 - 5 ppm in eggs Decreased hatching success breast muscle of adult tolerance in eggs (21 for chickens (27) mallards; <0.1 - 26 CFR 109.30(a)(4)) ppm in fat of adult 8 - 25 ppm in eggs Decreased hatching success AMAGE mallards (53, 54, 55) 3 ppm - FDA tolerance for terns, cormorants, D in poultry fat (21 CFR doves, eagles (27) 0.005 - 77.3 ppm in 109.30(a)(3)) tree swallow eggs (56)
20 - 62 ppm in non- ESOURCE viable bald eagle eggs R (57) TURAL
A MAMMALS N 1.31 - 431 ppm in 21 ppm in fat Critical level for health otter liver fat (50, 51) impairment (58)
0.13 - 139 ppm in 50 ppm in fat Critical level for mink liver fat (50, 51) reproductive impairment (59, 60)
FLOODPLAIN SOILS
ND - 360 ppm in soils 0.371 ppm in soil Adverse effects on collected in 2000 floodplain-associated small (61) mammals (62)
0.655 ppm in soil Adverse effects on floodplain-associated birds (62)
2.5 ppm in soil Acute LC50 for earthworms (63)
24 Subject to Public Review PCB CONTAMINATION IN THE HUDSON RIVER HUDSON RIVER EXHIBIT 2-3: SELECTED CHRONOLOGY OF EVENTS RELATED TO THE DISCHARGE, DISCOVERY, AND REMOVAL OF PCBSINTHEHUDSON RIVER N
SELECTED CHRONOLOGY OF EVENTS RELATED TO THE DISCHARGE, DISCOVERY, AND REMOVAL OF PCBS A IN THE HUDSON RIVER TURAL
YEAR DESCRIPTION OF ACTIVITY OR ACTION R ESOURCE 1947 • GE begins discharging wastewater containing PCBs from the facility in Hudson Falls. 1952 • GE begins discharging wastewater containing PCBs from the facility in Fort Edward. 1969 • PCBs are detected in fish collected from the river.
1973 • Fort Edward Dam is removed, accelerating the movement of PCB-contaminated sediment D down river. AMAGE 1974-1975 • NYS removes 380,000 cubic yards of PCB-contaminated sediment from Fort Edward waterfront.
1974-1978 • NYS stabilizes the Remnant Deposits. A SSESSMENT 1976 • NYS determines that PCB concentrations in fish from the Hudson River are a human health risk, and advises public to limit consumption; all Upper River, and most commercial fishing, is closed. • NYS begins extensive sediment sampling and analysis.
• Administrative Law Judge issues interim order finding GE’s PCB discharges illegal. P LAN • GE and NYSDEC sign Consent Order to address direct PCB discharges from GE’s Hudson Falls and Fort Edward facilities. 1977 • GE discontinues use of PCBs at Hudson Falls and Fort Edward facilities. 1977-1978 • NYS removes 180,000 cubic yards of PCB-contaminated sediment at Fort Edward. 1978 • NYS removes 14,000 cubic yards of sediment from the remnant area. 1983 • EPA proposes listing the Hudson River on the National Priorities List. 1984 • EPA lists the Hudson River (200 river miles) on the Superfund National Priorities List. • EPA issues Record of Decision (ROD) for the Hudson River calling for interim “no-action” decision for river sediment, in-place capping, containment and monitoring of remnant deposit sediments, and treatability study for the Waterford Treatment Plant. 1989 • EPA commences a Reassessment of the 1984 “no-action” decision. 1991 • GE completes interim capping of remnant deposits. • GE signs Consent Agreement with NYS to remediate Bakers Falls area and Hudson Falls plant site. • EPA issues Phase I of the Reassessment Report, which summarizes and evaluates all available data for the Hudson River from Hudson Falls to the Battery. • Allen Mill raceway breaks, releases PCB-contaminated sludge to river. 1993-2000 • EPA conducts Phase 2 of the Reassessment. 2000 • NYSDEC issues ROD for the GE Fort Edward plant site directing the removal of PCB- contaminated soils and sediments. • EPA issues results of the Reassessment, completes the Feasibility Study, and issues proposed plan for the removal of approximately 75 tons of PCBs from the Upper Hudson River. 2002 • EPA issues decision to remediate the Upper Hudson River in two phases. NYS concurs in selection of remedy.
PCB CONTAMINATION IN THE HUDSON RIVER Subject to Public Review 25 HUDSON RIVER CHAPTER 3 N A TURAL THE ROLE OF THE TRUSTEES R ESOURCE D AMAGE A SSESSMENT
Overlooking the Hudson River, Storm King mountain was the focal point of a historical environmental battle in 1963 over a proposed P
Photos by Al Poelzl for Scenic Hudson, Inc. power plant. LAN
he responsibility for restoring natural possess the technical knowledge and authority to Tresources that have been injured by haz- perform natural resource damage assessments. For ardous substances lies with several government the Hudson River, the designees are the National agencies and Indian tribes that are known as Oceanic and Atmospheric Administration, the Tr ustees.1 Tr ustees include the heads of State U.S. Fish and Wildlife Service, which represents agencies, Indian tribes, and Federal government the concerned DOI agencies (USFWS and NPS), agencies such as the U.S. Department of the and the New York State Department of Environ- Interior and the U.S. Department of Commerce. mental Conservation (NYSDEC). These entities act as stewards of our natural The process by which Trustees evaluate the resources and are responsible for holding these impacts of hazardous substance contamination to resources in trust for the public and future gener- natural resources is known as a natural resource ations. damage assessment. The objective of NRDA is to The Trustees for natural resources of the restore natural resources that have been injured Hudson River ecosystem have formed a Natural by hazardous substance contamination to base- Resource Trustee Council for the purpose of con- line, or the condition that would have existed if ducting an assessment for the river’s natural the hazardous substances were not released. In resources. These Trustee agencies include the U.S. addition, the Trustees may obtain compensation Department of Commerce, the U.S. Department for natural resource injuries between the onset of of the Interior, and the State of New York. These the injury and full restoration. entities have each designated representatives that
1 The authority of the Hudson River Trustees is derived from Federal law which authorizes the President and the representatives of any State to act on behalf of the public as trustees for natural resources (Section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Section 311(f)(5) of the Federal Water Pollution Control Act (the Clean Water Act (CWA)). Pursuant to CERCLA and the National Contingency Plan, the President has designated the Secretary of Commerce and the Secretary of the Interior to act as trustees for particular natural resources managed or controlled by their agencies (CERCLA § 107(f)(2) and 40 CFR § 300.600). On November 30, 1987, the Governor of New York appointed the Commissioner of Environmental Conservation as the trustee for State natural resources. The Commissioner's natural resource damage responsibility under Federal law complements long-standing authority under State common law and Articles 1 and 3 of the New York State Environmental Conservation Law to conserve, improve, and protect New York's natural resources.
THE ROLE OF THE TRUSTEES Subject to Public Review 27 General guidelines for performing a natural River because (1) PCBs were released to the river,
LAN resource damage assessment involving hazardous (2) Trustee resources have been or are likely to P substances such as PCBs are described in regula- have been adversely affected by the PCBs, (3) the tions that were written by the U.S. Department concentration of the PCBs is sufficient to poten- of the Interior and appear in the Code of Federal tially injure natural resources, (4) data necessary
HUDSON RIVER Regulations at Title 43 Part 11. These guidelines to conduct a NRDA are available or can be describe methods for (1) making the decision to obtained at a reasonable cost, and (5) completed
SSESSMENT conduct a damage assessment, (2) establishing or planned response actions would not com- A that hazardous substance contamination has pletely remedy the injuries to natural resources. injured natural resources, (3) determining the Subsequently, the Trustees sent GE a Notice of quantity of injured natural resources, (4) deter- Intent to perform an assessment, dated
AMAGE mining the amount of restoration required to fix September 22, 1998.
D or replace the injured natural resources and com- pensating the public for the lost functions, and PRELIMINARY ESTIMATE OF DAMAGES (5) planning and conducting projects designed to restore the injured resources. These assessment As part of the planning process for a damage procedures are not mandatory, nor do they pre- assessment, the Trustees develop a Preliminary ESOURCE clude the Trustees’ use of alternate methods of Estimate of Damages (PED). This PED is used R assessing damages or arriving at a negotiated set- to evaluate whether the costs of the anticipated tlement with a responsible party. These assess- assessment methods are reasonable in relation to ment procedures do, however, provide a estimated damages. To do this, the Trustees use
TURAL framework to assess injury and plan and imple- readily available information to estimate damages A ment restoration of injured natural resources. The and/or the cost of restoring injured natural N Tr ustees have been, and will continue to be, resources. This includes reviewing different guided by these regulations as they carry out the restoration and compensation scenarios, includ- NRDA. ing an option that allows the environment to recover naturally without intervention from the Below, we briefly summarize the major steps Tr ustees. The PED also considers whether in the damage assessment process. cleanups performed by non-Trustee agencies (e.g., EPA or the responsible party) affect the scope of the required restoration. The Trustees completed The Assessment Plan documents exposure of natural resources a PED for the Hudson River and concluded that the costs of the expected damage assessment to hazardous substances and identifies the anticipated methodologies are reasonable. Further, the procedures for evaluating the injuries caused by this exposure. Tr ustees are confident that the assessment can be conducted at a reasonable cost, i.e., the antici- pated damages that the NRDA will establish will exceed the estimated assessment costs. The PREASSESSMENT PHASE Tr ustees will review, and revise as appropriate, the PED at the end of the injury determination and During the preassessment phase the Trustees quantification phases. At the conclusion of the organize and assess available information about assessment, the PED and any significant modifi- the area of concern and decide whether to pro- cation of the PED will be reported in the Report ceed with a damage assessment. The findings of of Assessment that will be prepared by the this evaluation are summarized in a document Tr ustees. called a Preassessment Screen Determination. The Hudson River Trustees performed an evaluation of the available information regarding the river ASSESSMENT PLAN PHASE and issued a Preassessment Screen Determination Once the decision to conduct a NRDA has been in October of 1997 (64). The Trustees deter- made, the Trustees may develop an Assessment mined to proceed with a NRDA in the Hudson
28 Subject to Public Review THE ROLE OF THE TRUSTEESS HUDSON RIVER N
Plan. The purpose of this effort is to ensure that Within this Assessment Plan, the Trustees confirm exposure to A TURAL the assessment is performed in a planned and sys- natural resources, make a preliminary determination of the tematic manner and that the proposed studies can recovery period, and outline the Trustees’ currently proposed be conducted for a reasonable cost. To do this, the
Assessment Plan documents exposure of natural approach for the NRDA. R resources to hazardous substances and identifies ESOURCE the anticipated procedures for evaluating the exposed through the consumption of contami- injuries caused by this exposure. The Trustees nated fish. may then circulate the Assessment Plan for review After injury determination is complete and and comment by the public and responsible party before injury quantification begins, the Trustees D or parties. The Assessment Plan may be modified will review the Assessment Plan to ensure that the AMAGE by the Trustees at any stage of the assessment as methodologies selected for the injury quantifica- new information becomes available. tion and damage determination are consistent with the results of the injury determination, and The Trustees have determined that develop- A ment of an Assessment Plan for the Hudson River that the use of such methodologies remains con- SSESSMENT is appropriate and, accordingly, prepared this doc- sistent with the requirements of reasonable cost. ument as the Hudson River Assessment Plan. Once the injuries and routes of exposure Within this Assessment Plan, the Trustees con- have been identified, and having made the deter- firm that natural resources have been exposed to mination noted above, the Trustees perform the PCBs, make a preliminary determination of the next step, which is called injury quantification. P recovery period, and outline the currently pro- During this stage of the process, the Trustees LAN posed approach for the NRDA. This approach determine the quantity of each resource that has includes studies which have been completed, are been injured, including how long each resource in progress, or are proposed. has been or will be injured. The Trustees then combine the information from both steps (injury INJURY DETERMINATION AND determination and quantification) to establish the QUANTIFICATION PHASE total quantity of injured natural resources that must be restored or replaced. The Trustees’ cur- During this phase of the assessment, the Trustees rently proposed approach to the injury determi- undertake investigations to determine and quan- nation and quantification phase is described in tify injuries to natural resources resulting from Chapter 4. Where possible, this approach relies exposure to hazardous substances. The first step on existing information and data. Where existing in this process, called injury determination, deter- information is insufficient to establish the extent mines whether an injury to one or more of the of a particular injury, the Trustees may undertake natural resources has occurred, and determines new data collection and analysis. New data col- whether the injury resulted from the release of a lection — primarily to confirm exposure of hazardous substance based upon the exposure Hudson River resources to PCBs — is both ongo- pathway and the nature of the injury. Natural ing and proposed for the future (see Chapter 4). resources may be injured in a number of ways. Injury determination studies are either com- Some of these include physical deformities, repro- pleted, in progress, or proposed. ductive impairment, increased incidence of can- cer, or death. Other injuries may include exceedances of regulatory standards or the pres- DAMAGE DETERMINATION AND ence of fish consumption advisories or regulatory RESTORATION PHASE closures in the assessment area. Injury determina- Once the quantity of injured natural resources has tion also establishes the pathway by which injured been established, the Trustees must determine natural resources come into contact with the haz- how to restore or replace those resources, and the ardous substances. For example, these investiga- services those resources provide. This can be done tions may establish that fish are exposed through by establishing the value of the injured resources contact with contaminated water or that birds are and of the services they provide, or by calculating
THE ROLE OF THE TRUSTEES Subject to Public Review 29 the cost of the projects that will restore or replace comments received during the public review of
LAN the injured resources and their lost services. In that plan and responses to those comments. The P some cases, it may be necessary for the Trustees Report of Assessment will be released to the public. to use elements of both approaches (while ensur- ing that there is no double-counting) to provide
HUDSON RIVER the most accurate account of the injuries and ensure adequate restoration. For example, to
SSESSMENT address reproductive impairments in fish, the A Tr ustees may design projects that provide fish access to new breeding habitat that is free of con- PRELIMINARY DETERMINATION OF tamination. The damage determination for such a THE RECOVERY PERIOD
AMAGE project would involve calculating the costs of
D making the required ecological improvements. Alternatively, the Trustees may undertake a study As part of the assessment, the Trustees make a to calculate the value of the injuries in dollars. preliminary estimate of the time needed for the The Trustees will document the evaluation of injured resources to recover. The recovery period restoration options in a Restoration and that must be estimated is defined by the NRDA ESOURCE Compensation Determination Plan, which will regulations as the longest length of time required R evaluate several restoration alternatives, summa- to return the services provided by the injured rize the rationale behind the preferred alternative, resources to the condition in which they would and establish the cost of the restoration activities. have been had the release not occurred (this is the
TURAL The existing data are not sufficient for the “baseline” condition), or any lesser period of time A Tr ustees to develop the Restoration and Compen- selected and documented in the Assessment Plan. N sation Determination Plan at this time. For that These estimates must be based on the best avail- reason, the Restoration and Compensation able knowledge. Where appropriate, the estimates Determination Plan will be developed later, after may be based on cost-effective models. the completion of the injury determination or Information gathered may come from one or quantification phases. The Restoration and more of the following sources, as applicable: pub- Compensation Determination Plan will be dis- lished studies on the same or similar resources, the tributed to the public and responsible party or experience of resource specialists with the injured parties for review and comment. This input facil- resource or with restoration for similar discharges itates the Trustees’ selection of restoration projects elsewhere, and field and laboratory data from the that are focused on the natural resources that have assessment and control areas. A number of factors been injured and provide the greatest benefits are considered in estimating recovery times, while also considering cost. including the ecological succession patterns in the area; the growth or reproductive patterns, life At the conclusion of an assessment, the cycles, and ecological requirements of biological Tr ustees will prepare a Report of Assessment that species involved, including their reaction or tol- includes the Preassessment Screen Determination, erance to the hazardous substance involved; the the Preliminary Estimate of Damages, the bioaccumulation and extent of hazardous sub- Assessment Plan, any comments concerning the stances in the food web; and the chemical, physi- Assessment Plan with responses to those com- cal, and biological removal rates of the hazardous ments, any comments on the individual study substance from the media involved. plans, with responses to those comments, all documentation supporting the determi- As shown in Chapters 2 and 4, natural nations required in the injury resources of the Hudson River, including biologi- determination phase, the quantifi- cal resources, surface water resources, groundwa- cation phase, and the damage ter resources, geologic resources, and air resources, determination phase, and the have been and continue to be exposed to PCBs. Restoration and Compensation These natural resources will remain exposed as Determination Plan, along with long as environmental media such as soils, sedi-
30 Subject to Public Review THE ROLE OF THE TRUSTEESS HUDSON RIVER N
ments, groundwater, and surface water remain A
Shortnose Sturgeon TURAL contaminated and continue to operate as path- ways for exposure. Based on an evaluation of the existing literature documenting the limited nat- ural degradation rates of PCBs, their resulting R persistence in the environment, the evidence of ESOURCE continued bioaccumulation of PCBs in Hudson River biota provided by data that have been and are being gathered, and the estimates of relatively
long recovery periods for other PCB-contami- D
nated sites, the Trustees’ preliminary determina- AMAGE Illustration by: Duane Raver, U.S. Fish and Wildlife Service tion of the recovery period is that it will be decades before natural recovery will occur, although dredging of PCB-contaminated sedi- ments (the remedial action selected by EPA) will and addressing losses that occur from the onset of A SSESSMENT expedite recovery compared to not removing such the injury to the time at which the resources are contaminated sediments. restored. Cleanup is performed by EPA while NRDA is performed by the Trustees. EPA’s cleanup activities are often referred to as removal, remedial, or response actions. These P
actions are specifically undertaken to reduce or LAN eliminate possible threats to human health or the COORDINATION WITH OTHER environment. EPA’s activities are often directed at OVERNMENT GENCIES the hazardous substance itself — its physical G A removal from the environment or the creation of barriers between the hazardous substance and Since the 1970s, a wide variety of State and humans or animals. Although cleanups attempt Federal programs have targeted the Hudson River to eliminate or reduce the risks associated with for various levels of cleanup and monitoring. the hazardous substance, they do not directly Numerous efforts have focused on eliminating address natural resource injuries caused by expo- PCB releases to the river, assessing the impacts of sure to that substance. PCB-contaminated sediment, and implementing NRDA is designed to address these injuries. fishing restrictions and fish consumption advi- When natural resources such as fish, birds, and sories along the entire length of the river. In 1984, mammals are exposed to hazardous substances, EPA placed 200 miles of the Hudson River on there may be a reduction in the health or viability the National Priorities List (NPL), thereby desig- of those resources. For example, a fish that con- nating the river as a Superfund site. This action sumes prey containing hazardous substances may established a framework through which PCB con- become ill or be unable to produce healthy off- tamination in the river would be evaluated and spring. Alternatively, exposure to a hazardous sub- potential problems would be resolved. This stance may inhibit a resource’s ability to support framework consists of two equally important but recreational fishing, provide wildlife habitat, or distinct activities. The first of these efforts is site provide uncontaminated groundwater. A NRDA cleanup, which is designed to reduce or eliminate addresses these injuries in two ways. First, the risks to human health and the environment. In objective of a NRDA is to restore natural some cases, these cleanup actions may also address resources to the condition that would have existed all or a portion of the injuries to natural resources. if the hazardous substance were never released. The second element is NRDA, which is specifi- Second, a NRDA seeks to recover damages for the cally designed to restore injured natural resources period of time that the natural resources are that were not addressed by EPA’s cleanup. This injured. In this way, a NRDA is intended to com- includes returning injured resources to baseline
THE ROLE OF THE TRUSTEES Subject to Public Review 31 pensate the public for its losses throughout the and administrative decisions. When EPA or the
LAN period from the initial injury to full recovery. State of New York collect and analyze data as part P of the remedial investigation and cleanup, the Although the cleanup and the NRDA Tr ustees also use those data for NRDA. Finally, process are separate and distinct, a clear nexus the Trustees integrate EPA’s cleanup plans into the exists between the two. For example, EPA, in its
HUDSON RIVER damage assessment to ensure that restoration cleanup capacity, may decide to physically remove efforts do not overlap and to assist the Trustees in contaminated sediment from a waterway to SSESSMENT identifying areas where EPA’s cleanup will not
A reduce the human health threat associated with fully address natural resource injuries. This coor- consumption of contaminated fish. In such a dination promotes timely, integrated, and cost- case, the sediments are a source of contamination effective solutions for addressing hazardous to such fish. The Trustees may determine that
AMAGE substances in the Hudson River and its resources. such action is also necessary to reduce the inci- D dence of mortality within the fish population. In this example, different paths were followed that reached the same outcome. Because of the high potential for such occurrences, it is important that
ESOURCE cleanup and the NRDA are closely and carefully
R coordinated. By doing so, the Trustees can select IMPORTANCE OF PUBLIC appropriate restoration options, avoid duplica- ARTICIPATION tion, reduce the time required to restore natural P resources, and save money. Additionally, the rem- TURAL A edy selected and the implementation method We are all stewards of the Hudson River, and have N used are likely to significantly affect the time an opportunity to preserve and protect the river period until recovery occurs. The duration of the for future generations. When natural resources are recovery period is a key factor that determines the injured by hazardous substances, the Trustees, amount of interim losses associated with injuries representing the interests of the public, are caused by released contaminants. responsible for restoring those resources. Restoration is based on the need to restore, replace, or acquire the equivalent of the injured resources and the services they provide. It is based The Hudson River Trustees consider coordination with EPA on both scientific principles and input from indi- viduals interested in and affected by Trustee and other organizations involved in the river’s cleanup and efforts. assessment to be an important priority. The Hudson River natural resource Trustees have developed an overall public involvement program to ensure effective and informed public input throughout the damage assessment. The Tr ustees have implemented and propose to imple- The Hudson River Trustees consider coordi- ment a number of outreach efforts that may nation with EPA and other organizations involved include the following activities: in the river’s cleanup and assessment to be an important priority. As a result, the Trustees pro- • meeting with affected interest groups and vide recommendations to EPA for investigation organizations; activities and cleanup proposals. As part of this • periodic newsletter mailings to the public; process, the Trustees attend public meetings held by EPA, the State of New York, and other organi- • posting new reports, data, and other infor- zations to obtain information, provide technical mation on Trustee internet sites; input, and educate participants about the role of • working with the local media; and, the Hudson River NRDA. The Trustees also pro- • holding public availability sessions. vide EPA with comments on technical documents
32 Subject to Public Review THE ROLE OF THE TRUSTEESS HUDSON RIVER N
As opportunities for public involvement involvement, the opportunity to participate in A arise, the Trustees plan to advertise those oppor- assessment and restoration, and an appreciation TURAL tunities in newspapers, direct mailings, and on of the public’s interest in restoring the resource. the Trustees’ internet sites, and provide informa- tion on how to participate in a productive and R meaningful manner. ESOURCE This Assessment Plan is a living document that the Trustees Although public participation is ongoing, will continue to develop and refine as the NRDA progresses. several specific points in the damage assessment During restoration planning, restoration objectives and process provide unique opportunities for public involvement. Among the most important of these criteria are discussed and specific restoration projects are D are (1) commenting on this Assessment Plan, identified. In support of this effort, the Trustees have issued AMAGE including forthcoming study plans for injury an open letter seeking input on restoration ideas. determination/quantification studies that the
Tr ustees currently plan to make available for pub- A lic review and comment, and (2) participation in SSESSMENT restoration planning. Because this Assessment At the option of the Trustees, and if agreed Plan provides a roadmap for the Trustees’ planned to by the potentially responsible party or parties, activities, interested individuals have the oppor- the potentially responsible party or parties, under tunity to comment on the Assessment Plan. This the direction, guidance, and monitoring of the Assessment Plan is a living document that the Tr ustees, may implement all or any part of the P
Tr ustees will continue to develop and refine as the Assessment Plan. The Trustees also intend to LAN NRDA progresses. During restoration planning, develop procedures and schedules for sharing restoration objectives and criteria are discussed data, split samples, and results of analyses, when and specific restoration projects are identified. In requested, with any identified potentially respon- support of this effort, the Trustees have issued an sible party. Information on any such decisions open letter seeking input on restoration ideas. and procedures will be shared with the public. Individuals interested in participating in this process may obtain a copy of the letter through any of the Trustees’ internet sites for the Hudson River, or through the contact for public inquiries noted at the end of the Executive Summary.
INVITATION FOR COOPERATIVE ASSESSMENT
The Trustees have also invited, and will continue to encourage, the active participation of the party or parties that are responsible for the contamina- tion. Such interactions may serve to open a dia- log, and identify common perspectives, enhancing the quality and acceptability of scien- tific studies, reducing costs, and expediting restoration. These interactions also provide responsible parties with the benefit of early
THE ROLE OF THE TRUSTEES Subject to Public Review 33 HUDSON RIVER CHAPTER 4 N A TURAL THE HUDSON RIVER NRDA: R ASSESSMENT AND RESTORATION ESOURCE D AMAGE A SSESSMENT P LAN
The Hudson River at
Photo courtesy of NYSDEC Bear Mountain Bridge.
he Trustees are conducting a damage assess- occasion. Also, different species exhibit a wide Tment to evaluate injuries to natural resources range of effects following exposure to PCBs. exposed to PCBs in and around the Hudson Where one animal may exhibit abnormalities that River. In developing this Assessment Plan, the are plainly visible, others may exhibit responses Tr ustees have been guided by the Department of that can be observed only at the cellular level. the Interior’s regulations for performing damage Finally, some biological effects can be observed assessments provided at Title 43, Part 11 of the only at certain stages of development. Special Code of Federal Regulations. These regulations consideration must be given to species that establish guidelines and procedures for perform- exhibit injuries in juvenile life stages. ing NRDAs and define the criteria for determin- As part of the assessment planning process, ing whether natural resources have been injured. the Trustees decide whether to conduct a simpli- The Trustees will continue to be guided by these fied assessment or a comprehensive assessment. regulations as they carry out this NRDA. In light of the complexities noted above and The actual job of conducting a NRDA and other considerations, the Trustees have deter- restoring the Hudson River is a significant under- mined that the simplified procedures of the “type taking. The size and complexity of the effort are A” assessment provided for in the NRDA regula- directly related to the complex nature of the river tions are inappropriate for this NRDA and that a and the role of PCBs within the ecosystem. For “type B” assessment should be conducted. The example, PCB concentrations vary significantly “type A” procedures, which use minimal field depending on location and whether samples are observations and computer models to generate a collected from sediment, soil, water, or animal tis- damage claim, are limited by the regulations to sues. Similarly, some animals may be exposed to the assessment of relatively minor, short duration large quantities of PCBs due to their feeding discharges or releases in coastal or marine envi- habits, while others may be exposed only on ronments or in the Great Lakes. Based on the
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 35 Tr ustees’ determination (1) that the nature of the The Trustees’ general approach to the assess- releases and exposures to PCBs in the Hudson ment is and has been to review the existing data,
LAN River assessment area are long-term and spatially analyze gaps, and then undertake additional test-
P and temporally complex, (2) that substantial site- ing and sampling as needed. This minimizes the specific data already exist to support the assess- cost of the assessment and maximizes the use of ment, and (3) that additional site-specific data existing information. Within each of the three can be collected at reasonable cost, the Trustees phases noted above, the Trustees will, based on HUDSON RIVER have concluded that the use of “type B” proce- that initial review and additional preliminary dures is justified. investigations where necessary, develop individual SSESSMENT
A investigations that, together, will define the nature The NRDA regulations require that before and extent of injuries caused by PCBs in the including any “type B” methodologies in the Hudson River. The remaining sections of this Assessment Plan, it must be confirmed that at chapter provide overviews of each phase of the
AMAGE least one of the natural resources identified as assessment and summarize the Trustees’ approach
D potentially injured in the Preassessment Screen within each category of natural resource. Determination has in fact been exposed to the released hazardous substance. The Preassessment Screen Determination identified sediment, water, and biota of the Hudson River as potentially ESOURCE injured natural resources. Confirmation of the R exposure of those resources is provided by Exhibit 2-2 in Chapter 2, and by the additional informa- PATHWAY DETERMINATION tion provided in Chapter 4 regarding levels of
TURAL PCBs in natural resources of the Hudson River. A
N Those natural resources of the Hudson River that During the pathway determination phase of the have been exposed to contamination by PCBs assessment, the Trustees will document how and for which such confirmation of exposure to PCBs move through the environment. During PCBs has been made are biological resources, this phase, the movement of PCBs from their including fish, birds, mammals, amphibians, rep- source into the environment and into the food tiles, and invertebrates, surface water resources, web is determined. Once in the food web, the including river sediments, groundwater resources, pathway evaluation establishes how the PCBs geologic resources, including floodplain soils, and move from one species to another. Pathway stud- air resources. ies are frequently very technical, focusing on the chemical composition of the PCBs and how As required for “type B” assessments, a PCBs interact with the physical environment and Quality Assurance Plan has been prepared and is biological processes they encounter. The pathway attached to this Plan as Appendix A. evaluation often relies on a combination of empirical and modeling data as well as model Scientific research indicates that PCBs can be harmful to fish assumptions. The interpretation of these data helps the Trustees determine whether a link exists and wildlife. The exact nature of these effects depends on the between the release of the PCBs and the injured level and duration of exposure, the specific PCB congener natural resource. mixture to which the organism is exposed, and the specific The PCB pathway for the Hudson River organism. includes contaminated soil, sediment, and water, which are important habitats for components of The Trustees plan to conduct the remaining the base of the food web. For example, the sedi- components of the Hudson River NRDA in three ment in the Hudson River provides habitat for a major phases. These include pathway determina- wide range of shellfish, worms, and insects. These tion, injury determination and quantification, organisms are key components of the ecosystem, and damage determination and restoration. This providing food for other animals, cycling nutri- framework is consistent with the Department of ents, and constantly modifying the river bottom. the Interior’s regulations and provides an effective Because sediment may contain large quantities of means of considering PCB contamination in the organic matter, PCBs readily bind to the sedi- Hudson River.
36 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N ment and are available to enter the food web. Hudson River ranged from undetected to 4,747 A TURAL Organisms that live in direct contact with the sed- ppm (43). In the Lower Hudson River, PCB con- iment may accumulate substantial amounts of centrations in sediment ranged from undetected PCBs and pass these contaminants on to other to over 1,700 ppm (43). Existing data further organisms. demonstrate that PCBs are present in other nat- R ural resources of the Hudson River, including the ESOURCE Exhibit 4-1 illustrates the status of each study surface water and biota (43, 50, 51, 61). the Trustees are currently considering within the pathway determination stage of the damage EPA has concluded that the vast majority of assessment. The specific studies that the Trustees this PCB contamination is due to past releases currently plan to implement to define the PCB from GE’s plants at Hudson Falls and Fort D pathway are described below. Studies may be Edward. The Trustees are conducting a screening- AMAGE added or removed based on considerations such level analysis of the PCB pathway using existing as public comment and additional information information. This analysis entails an evaluation of
developed by the Trustees. available data on sediment chemistry, sediment A
deposition and transport, fish tissue chemistry, SSESSMENT
EXHIBIT 4-1: PATHWAY DETERMINATION
PATHWAY DETERMINATION P LAN
PCB sources to Food Web Floodplain Sediment and Water Pathway Evaluation In Progress Potential In Progress
KEY TRUSTEE STUDYItalics STUDY STATUS
and PCB loadings to the Hudson River. This The pathway determination studies listed analysis will allow the Trustees to make prelimi- below are preliminary investigations. Should the nary determinations regarding the relative contri- Tr ustees determine, based on such preliminary bution of those upriver sources to the PCB investigations, that a pathway determination contamination in the Hudson River. This prelim- study is warranted, the Trustees plan to develop inary investigation may inform the Trustees a study plan for that effort. Such a study plan regarding the need for future assessment studies. would be released for public review and comment and subject to peer review. FOOD WEB PATHWAY EVALUATION PCB SOURCES TO SEDIMENT AND WATER PCBs have chemical properties that cause them to accumulate in biota. Because some PCB con- Existing data demonstrate that PCBs are present geners are very stable, many animals that are in the sediment of the Hudson River. From 1976 exposed to PCBs will accumulate them faster to 1994, the State of New York, EPA, GE, and than their bodies can depurate them. PCBs tend others (e.g., Bopp et al. 1998 (65)) collected to accumulate to the highest levels in long-lived, thousands of sediment samples from the Hudson upper trophic level organisms, such as fish and River. Analytical results show that concentrations wildlife that feed on fish. of PCBs in sediment collected from the Upper
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 37 The Trustees have studied the PCB concen- ppm (66). In 2000, the Trustees conducted a LAN trations in the organisms living in or on Hudson screening-level investigation from Fort Edward to P River sediment. These organisms provide one of Stillwater and identified PCB contamination in the primary means of PCB transfer from the sed- floodplain soils and in small mammals. Data col- iment into the food web. From 1977 to 1997, the lected during this investigation indicate that PCB
HUDSON RIVER State of New York and EPA conducted a series of concentrations in floodplain soils in the 20 miles studies that indicate that these sediment-dwelling downstream of Fort Edward ranged from unde-
SSESSMENT organisms have been exposed to PCBs and that tected to 360 ppm (61). The Trustees expanded A the compounds remain in their tissues. this investigation in 2001 to refine the areas and Concentrations in certain sediment-dwelling species that may be exposed to floodplain PCBs. organisms collected from the Upper Hudson Based on the results of this preliminary investiga-
AMAGE River were over 26 ppm in 1993 (45). tion, the Trustees will determine whether the
D floodplain should be considered for a more com- The Trustees could develop studies to explore prehensive assessment. how PCBs move through the Hudson River food web. This effort could explore how the food web operates based on principles of ecology, biology,
ESOURCE and chemistry. This effort could assist the
R Tr ustees in better understanding exposure through the food web and may provide insight into restoration options for those resources that INJURY DETERMINATION AND
TURAL have been injured by PCBs. This preliminary
A UANTIFICATION investigation may inform the Trustees regarding Q N the need for future assessment studies. Injuries generally fall into two categories. The first category establishes injury based on the FLOODPLAIN EVALUATION exceedance of regulatory criteria. This may The Hudson River floodplain provides habitat to include violation of established standards or the a wide range of wildlife, including amphibians, existence of state health advisories warning against reptiles, birds, and mammals. These organisms the consumption of contaminated biota and clo- often are important parts of the diet for predators sures or restricted use of resources. The second such as mink, eagles, falcons, and owls. If flood- category establishes injury based on physical, plain soils contain PCBs, they may provide a PCB chemical, or biological changes in the resource source for floodplain biota. The floodplain may resulting from contaminant exposure. Examples become contaminated when heavy rains and of these injuries include changes in an organism’s snowmelt cause the Hudson River to overtop its physical development, health, reproductive suc- banks. These flood waters bring with them sedi- cess, or behavior. The injury to the resource can ment that has been churned up from the river’s be quantified in terms of the loss of services that bed. Eventually, the flood waters subside and the injured resource would have provided had the deposit sediment on the floodplain. Since these contaminant release not occurred. Loss of services floodplains provide habitat for a number of may include impairment of the habitat that a species, the Trustees are working to better under- resource provides or diminished human use of a stand to what extent floodplain PCBs should be resource. Injury determination and quantification considered an exposure pathway within the dam- studies typically are performed by scientists who age assessment. compare their observations regarding samples col- lected from the contaminated area to samples col- In 1990, 1992, and 1998, the State of New lected from appropriate reference locations. These York and EPA collected soil samples from the studies may be performed in a laboratory, in the floodplain around Rogers Island. The results of field, or a combination of the two settings. this investigation show concentrations of PCBs in floodplain soils ranging from undetected to 384
38 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N
The Trustees are considering conducting plans for injury determination/quantification A TURAL injury assessments for the following Hudson studies to be initiated by the Trustees will be peer River resources: fish, birds, mammals, amphibians reviewed and released to the public for review and and reptiles, surface water, groundwater, geologic comment. The results of Trustees’ studies will be resources, and air. The Trustees plan to evaluate peer reviewed and released upon completion of R whether each resource should be included within the studies. The final study report will include a ESOURCE the damage assessment. The Trustees presently description of the methods used. expect that several specific injuries identified from Exhibit 4-2 illustrates the injury assessment this larger group will form the basis of the final status of each resource that the Trustees are cur- claim for damages. D rently considering within the injury determina- To assess whether an injury should be tion and quantification stage of the damage AMAGE included in the final claim for damages, the assessment. The specific studies that the Trustees Tr ustees are generally using a phased approach to have completed, currently have in progress, or
injury determination and quantification. The plan to implement as preliminary investigations, A studies in this approach can be categorized as such as to better understand exposure of Hudson SSESSMENT either preliminary investigations or injury deter- River resources to PCBs, or to determine injuries mination/quantification studies. For each to Hudson River natural resources from PCBs, resource, the Trustees will gather existing infor- are described below. mation about past, present, and predicted future
concentrations of PCBs and compare these data P to known criteria, standards, guidance values, or BIOLOGICAL RESOURCES LAN other threshold values that, if exceeded, indicate that injury to that resource exists or is likely to FISH exist. The Trustees will assess whether there are sufficient data to adequately characterize the Over 200 species of fish, including American degree of contamination. Although substantial shad, striped bass, and Atlantic sturgeon, live in exposure information has been collected on some the Hudson River. Other important species resources (e.g., fish, sediments, and water), for include smallmouth bass, largemouth bass, bull- many other resources the available data are much head, and pumpkinseed. Fish are both predators more limited. Where data are limited, but an and prey in the Hudson River food web; they eat injury appears likely, the Trustees may decide to plants, insects, and other fish, and in turn, may conduct further preliminary exposure assessment be eaten by amphibians, reptiles, birds, and mam- studies. mals. The Hudson River fishery also is used by recreational anglers and historically supported a Data from these preliminary investigations vibrant commercial catch. will then be assessed by the Trustees to determine whether injury determination/quantification From 1969 to 2000, the State of New York, studies are warranted, or whether a particular NOAA, and GE collected more than 17,000 fish resource should not be assessed further for injury. samples from the Hudson River. Based on the When the Trustees determine, based on a prelim- results of its sampling program, the State of New inary investigation, that an injury determina- York, beginning in 1976, issued fishing bans and tion/quantification study is warranted, the advisories from Hudson Falls to the Battery in Tr ustees will develop a study plan for that study. Manhattan (67). Between 1977 and 1998, PCB Study plans will include detailed information, concentrations in fish from the Upper Hudson including but not necessarily limited to the fol- River ranged from less than 0.02 to 1,836 ppm. lowing: objectives to be achieved by testing and More recently (1998-1999), the PCB concentra- sampling, the sampling locations, sample and sur- tions in fillets from 21 fish species in the Upper vey design, numbers and types of samples to be Hudson River ranged from 0.252 to 444.78 ppm. collected, analyses to be performed, and other PCB concentrations in fish from the Lower such information required to perform the selected Hudson River during the years 1977 through methodologies. The Trustees expect that study 1998 ranged from less than 0.02 to 686 ppm. In
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 39 EXHIBIT 4-2: INJURY DETERMINATION AND QUANTIFICATION
INJURY DETERMINATION AND QUANTIFICATION LAN P
Fish consumption Fish Consumption HUDSON RIVER advisory Advisory
SSESSMENT Completed A
Exceedance of FDA evaluation
FISH FDA Threshold
AMAGE In Progress D
Biological Injury ESOURCE
R Preliminary fish Fish health Effects of PCBs on evaluation reconnaissance early life stages of fish
Completed In Progress Potential TURAL A N
Waterfowl Waterfowl consumption advisory Consumption Advisory In Progress
Exceedance of FDA evaluation FDA Threshold BIRDS In Progress
Biological Injury
Preliminary avian Breeding bird Bald eagle Bird egg study Floodplain exposure evaluation survey monitoring Completed Completed In Progress In Progress In Progress
KEY RESOURCE
Biological Injury INJURY
MAMMALS TRUSTEE STUDY Mink and otter Bat exposure Italics STUDY STATUS health
In Progress In Progress
40 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER EXHIBIT 4-2 CONTINUED: INJURY DETERMINATION AND QUANTIFICATION N A
INJURY DETERMINATION AND QUANTIFICATION TURAL R
Snapping turtle ESOURCE Turtle Consumption consumption advisory Advisory In Progress REPTILES D Snapping turtle AMAGE AMPHIBIANS AND Biological Injury health In Progress A SSESSMENT
Exceedance of Water quality Surface Water evaluation Standards In Progress P
Sediments characteristic Sediments injury: LAN SURFACE WATER Sediment Evaluation of solid waste pathway and biota
In Progress In Progress
Exceedance of Water quality Groundwater evaluation Standards In Progress GROUNDWATER
Geologic resource Physical/Chemical evaluation Alteration GEOLOGIC In Progress
KEY RESOURCE
INJURY
Exceedance of Air Air quality evaluation TRUSTEE STUDY AIR Quality Standards Potential Italics STUDY STATUS
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 41 the Lower Hudson River, recent (1998-1999) City. The commercial fishing ban, with periodic LAN PCB concentrations in fillets from 22 fish species adjustments, has remained in effect to the pre- P ranged from 0.032 to 24.8 ppm (43). sent. For example, in 1982 NYSDEC re-opened this reach for certain species, but continued the The specific studies the Trustees have con- ban on commercial fishing for striped bass, ducted, have in progress, or currently plan to con- HUDSON RIVER American eel, common carp, goldfish, white cat- duct to determine if injuries to Hudson River fish fish, and white perch. In 1985, the commercial are occurring are described below. SSESSMENT fishing closure below Troy was again expanded to A include black crappie, brown bullhead, and Fish Consumption Advisory pumpkinseed. These closures have remained The Hudson River is an important resource unchanged since 1985 (67).
AMAGE for recreational anglers. Since 1976, high levels of In general, the NYSDEC has not prohibited
D PCBs in fish have led officials in the State of New recreational fishing in the Hudson River between York to close various recreational and commercial the Federal Dam at Troy and the Battery in New fisheries and to issue advisories restricting the York City. However, the State banned recreational consumption of fish taken from the Hudson striped bass fishing from May 6, 1986 until April River (67).
ESOURCE 27, 1987, based in large part on the elevated PCB
R In February 1976, NYSDEC closed all fish- levels found in Hudson River striped bass. The ing in the 40-mile reach of the Upper Hudson NYSDEC has also banned the taking of River between Hudson Falls and the Federal Dam American eel from 1976 until the present. During at Troy. This regulatory prohibition applied to
TURAL this period, the NYSDOH has issued fish con- A both recreational and commercial fishing. This sumption advisories warning the public to either N ban remained in place until 1995, when NYS- avoid or limit consumption of Hudson River fish DEC modified the regulations to permit “catch- taken from this reach because of the excessive lev- and-release” recreational fishing within this reach; els of PCB contamination found in them. These possession of fish remains illegal. Commercial advisories are discussed below (67). fishing is still prohibited in this 40-mile reach of For the Hudson River below the Federal the Upper Hudson River. Additionally, from Dam at Troy, consumption advisories have been February 24, 1976 to the present, the New York issued to address separately the section of the river State Department of Health (NYSDOH) has between the Federal Dam at Troy and Catskill, warned against consumption of any species and the section of the river south of Catskill. within the 40-mile reach of the Hudson River from Hudson Falls to the Federal Dam at Troy. For the section of the Hudson River from the This consistent “no consumption” advisory for all Federal Dam at Troy to Catskill, the NYSDOH fish caught within this section of the river is based issued a general, limited consumption advisory in on the excessive levels of PCBs found in all 1976, with American eel being the only species species of fish from this reach. This “no con- subject to a “no consumption” advisory. Between sumption” advice remains in effect despite the 1983 and 1994, more restrictive advisories for lifting of the regulatory ban on recreational fish- specific fish species were added. Beginning in ing from Hudson Falls to the Federal Dam at 1994, the advisories were shifted to “no con- Troy in 1995. NYSDOH’s concurrence in re- sumption” for all species with the exception of opening a “catch and release” fishery in the Upper American shad. This advisory continues to the River was predicated on a continued “eat none” present 2002-2003 advisory, with the exception advisory (67). of four species, alewife, blueback herring, rock bass, and yellow perch, which were upgraded in Beginning on February 25, 1976, all com- 1999 to a recommendation that no more than mercial fishing, with exceptions for baitfish, one meal per month be eaten. For white catfish, Atlantic sturgeon greater than four feet, American carp, and goldfish, a “no consumption” advisory shad, and goldfish used for ornamental purposes, has been in effect from November of 1984 to the was banned in the Hudson River between the present day. For striped bass and white perch, the Federal Dam at Troy and the Battery in New York
42 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N
“no consumption” advisory began with the 1982- effect, with the exception of special advice for A TURAL 1983 advisory, resulting in a “no consumption” American shad (67). advisory for these two fish species for 18 years. The Department of the Interior’s NRDA reg- For the American eel, a “no consumption” advi-
ulations define the fish consumption advisories R sory has been in effect continuously since 1976, a issued by the State of New York as an injury. To ESOURCE total of 25 years (67). document this injury, the Trustees evaluated the In the Hudson River reach south of Catskill, history, dates, and geographic ranges of the advi- a “no consumption” advisory was in place for 10 sories, including the relevant species. The different fish species for periods ranging from five Tr ustees’ report documenting the extent of the years to 10 years between the mid 1980s and the injury is available at http://www.dec.state. D mid 1990s. These fish species include the ny.us/website/dfwmr/habitat/nrd/index.htm (67). AMAGE American eel, brown bullhead, carp, goldfish, largemouth bass, pumpkinseed, striped bass, wall- FDA Evaluation
eye, white catfish, and white perch. In the spring A To protect human health, the Food and of 1994, in an attempt to make the Hudson River SSESSMENT Drug Administration (FDA) requires that fish fish consumption advisories more easily under- containing PCB concentrations in excess of safe stood, NYSDOH abandoned the species-by- levels be removed from commerce. For PCBs, this species approach and issued a blanket advisory for level, or tolerance as it is formally called, is cur- Catskill downstream to New York City to eat no rently 2 ppm in edible fish tissue. Natural
more than one meal per month for all species, P resources are injured when concentrations of except American shad, Atlantic sturgeon, blue- LAN PCBs in fish exceed the FDA’s tolerance. To doc- back herring, bluegill, pumpkinseed, and yellow ument this injury, the Trustees will compare the perch. This changed the advisory status of many fish tissue data available from the State of New fish, imposing consumption advisories on many York and other sources with the FDA tolerance. unintended freshwater and marine species. This effort will allow the Trustees to establish the Consequently, NYSDOH switched back to a geographic scope and dates for which Hudson species and reach specific format in the Lower River fish exceed the threshold. This injury deter- River south of Catskill in May of 1995. In the mination study is in progress. most recent health advisory for 2002-2003, a rec- ommendation that no more than one meal per month be eaten is still in effect for 13 fish species (1). The NYSDOH sets more stringent con- Blueback Herring sumption protocols for “persons at special risk.” In 1976, state health officials specifically advised infants, young children, and pregnant women to avoid eating any fish from the Hudson River because of PCB contamination. In 1982, the “persons at special risk” group was redefined as women of childbearing age, infants, and children under the age of 15, a definition that has remained unchanged to the present. The reason for this specific advice is the concern that envi- ronmental contaminants such as PCBs can accu- Illustration by: Duane Raver, U.S. Fish and Wildlife Service mulate in a mother’s body and be passed on to a fetus or to a nursing infant through the mother’s milk, or can accumulate in a young child, with the potential to cause adverse effects to develop- ing systems of the fetus or young child. The “no consumption” advisory for this group remains in
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 43 Fish Health system effects, and endocrine system effects. The LAN panel recommended that the following P Many of the more than 200 species of fish approaches to evaluating fish biological injuries that reside in the Hudson River are in direct con- be pursued: tact with contaminated sediment, water, and prey. These fish also are critical links in the Hudson • Fish Health Reconnaissance Survey: HUDSON RIVER River food web. The Department of the Interior’s Exposure to PCBs has been associated with NRDA regulations establish that a biological several types of histopathological deforma- SSESSMENT
A injury exists when the concentration of PCBs is tions, including deformations of the liver, sufficient to cause death, disease, behavioral gonads, fins, and skeleton. However, very lit- abnormalities, cancer, genetic mutations, physio- tle information is available regarding these logical malfunctions, or physical deformations in adverse effects in Hudson River fish. AMAGE fish. Therefore, the panel suggested that the D Tr ustees conduct a reconnaissance survey to To evaluate whether PCBs are affecting the determine whether histological injuries are health and viability of fish in the Hudson River, occurring. The panel also recommended that the Trustees are conducting a multi-phase study. limited laboratory testing be performed to In the first phase of the study, the Trustees con-
ESOURCE assess immune function status. ducted screening-level research to evaluate the R effects of exposure to PCBs on fish in the Hudson Based on this recommendation, the Trustees River. This work included gathering and synthe- conducted a field study in 2001 that assessed sizing existing field and laboratory studies that the prevalence of abnormalities to fish tissues
TURAL assess the effects of PCBs in fish, and determining such as liver, kidney, gonads, and spleen, as A
N PCB concentrations that may be associated with well as the presence of gross abnormalities to harmful effects in Hudson River fish. The first internal organs and external features of fish report developed by the Trustees concluded that sampled from the river. The incidence of dis- PCB concentrations (Aroclor 1254) of 5 to 70 ease and parasitic infection was also assessed. ppm in liver may result in reproductive and devel- To conduct this study, the Trustees collected opmental effects including reduced gonad growth three species of fish (brown bullhead, yellow and survival (68) This work also concluded that perch, and smallmouth bass) from the Upper PCB concentrations (congener 77) at lower lev- Hudson River downstream of Fort Edward, els (0.3 to 5 ppm in liver) have the potential to and from appropriate reference locations, cause reduced egg deposition, alter hormone lev- which are less impacted by PCBs. Fish col- els, and reduce larval survival (68). The Trustees lected for the investigation were selected for also reviewed the results of several existing studies their abundance, position in the food web, which reported that Hudson River fish exposed and sensitivity to PCBs. Conclusions regard- to PCBs may develop cancer and liver lesions, suf- ing the injuries associated with PCB exposure fer from poor bone development, experience can be drawn by comparing the incidence of abnormal cell and organ growth, exhibit impaired these effects in fish from both locations. The reproduction, and have increased incidence of Tr ustees also collected various fish tissues for parasitic infection (32, 33, 34). future chemical analysis. These tissues may be analyzed for PCB levels if the results of the In 2000, the Trustees assembled an expert fish health study suggest that Hudson River panel to review the exposure and effects informa- fish are exhibiting injuries that are consistent tion compiled by the efforts above and to provide with PCB exposure. The Trustees may also guidance to the Trustees on appropriate next steps assess the levels of other potential contami- for determining whether PCBs are causing nants in these tissues. The purpose of the adverse biological effects in Hudson River fish. chemical evaluation is to document the haz- The panel discussed several adverse effects known ardous substance concentrations that are to be associated with PCB exposure including associated with the effects identified in the early life stage mortality, developmental abnor- study. Blood was also collected and archived malities, histopathological deformations, immune by the U.S. Geological Survey for potential
44 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N
analysis of endocrine disruption biomarkers. A limited number of scientific studies have A TURAL The Fact Sheet for this study, “Assessing Fish documented the presence of PCBs in Hudson Health,” is in Appendix B. River birds. Mean concentrations of PCBs in tree swallow eggs and nestlings collected along the
This injury determination study is in R Upper River ranged from 0.7 to 62.2 ppm (56). progress. Fieldwork, conducted in Fall 2001, ESOURCE PCB concentrations in the breast muscle and fat has been completed. Histopathological analy- of Hudson River mallards ranged from less than sis of microscopic and gross lesions, fish 0.01 to 1.1 ppm and from less than 0.1 to 26 aging, and analysis of disease screen samples ppm, respectively (53, 54, 55). Non-viable bald are in progress. The various fish tissues col-
eagle eggs collected along the Lower Hudson D lected for future chemical analysis have been River contained between 20 and 62 ppm PCBs AMAGE archived. and the plasma of nestling and adult bald eagles •Effects of PCBs on Early Life Stages of contained between 0.2 and 14.0 ppm PCBs) (57). Fish: The expert panel indicated that adverse
PCBs have been shown to cause a range of A effects on early life stage mortality and devel- adverse impacts in birds, including disease, SSESSMENT opment are sensitive endpoints of PCB expo- behavioral abnormalities, genetic mutations, sure. However, the sensitivity of fish varies physical deformities, changes in brain chemistry, significantly by species. Therefore, the panel reduced hatching rates, embryo mortality, and recommended early life stage laboratory test- death (35, 36, 37, 38). The levels of PCBs found ing to evaluate the relative sensitivity of early
in birds in the Hudson River watershed are P life stages of different Hudson River fish greater than PCB concentrations known to initi- LAN species to PCBs. The Trustees are consider- ate these responses in birds. For example, levels of ing this recommendation, and will then 8 to 25 ppm PCB in eggs are associated with decide whether to initiate this injury deter- decreased hatching success for terns, cormorants, mination study. doves, and eagles (27). The specific studies the Trustees have in BIRDS progress, as preliminary investigations, to confirm The Hudson River and surrounding area support exposure of Hudson River birds to PCBs or to more than 150 species of birds, including water- determine if injuries to Hudson River birds are fowl, wading birds, shorebirds, songbirds, and occurring are described below. rare species such as the bald eagle, peregrine fal- con, and osprey (69). These birds are an integral part of the ecosystem and provide a number of Scientific research indicates that PCBs can be harmful to fish important ecosystem services such as seed distrib- and wildlife. The exact nature of these effects depends on the level ution, plant pollination, and insect control. Birds and duration of exposure, the specific PCB congener mixture to are also an important source of prey to other species. Birds may be exposed to PCBs through which the organism is exposed, and the specific organism. direct ingestion of contaminated water, sediment, and soil. A more important exposure pathway is likely their consumption of food items that con- Waterfowl Consumption Advisory tain PCBs derived from the Hudson River and its The State of New York has issued a statewide floodplain. PCB contaminated food items linked advisory recommending limited consumption of to the river may include fish, amphibians, ben- wild waterfowl such as ducks and geese due to the thic invertebrates, adult insects that develop from levels of contamination from PCBs and pesticides aquatic larvae, plants growing in or near the river, found in waterfowl (1). Specifically, the State and mammals that forage in the floodplain. Birds advises that mergansers - diving ducks that feed are valued by the public through participation in on fish, frogs, and aquatic invertebrates - should activities such as bird-watching, nature study, and not be eaten. The State also advises that other bird-feeding. wild waterfowl should have the skin and fat
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 45 removed before cooking, and that any stuffing The Trustees conducted a screening-level LAN should be discarded after cooking. The State also evaluation of the effects of PCBs on birds and P advises that individuals should limit their con- gathered information on contamination and sumption of these other wild waterfowl to no effects on Hudson River birds. This work more than two meals per month. included reviewing existing scientific studies, eval-
HUDSON RIVER uating exposure and tissue concentrations that are The Department of the Interior’s NRDA reg- associated with avian injury, and summarizing ulations define the wild waterfowl consumption SSESSMENT exposure data and injury studies for Hudson
A advisory issued by the State of New York as an River birds. An expert panel was convened to injury. The Trustees currently plan to evaluate evaluate the information collected and to provide what part of the contamination that led to the guidance on additional studies to determine statewide advisory is attributable to PCBs from
AMAGE whether avian resources have been injured by the Hudson River.
D PCBs. Based on the results of this work, the Tr ustees may undertake additional studies to pro- FDA Evaluation vide a better understanding of exposure and To protect human health, the FDA requires potential injury of Hudson River avian resources. that poultry containing PCB concentrations in ESOURCE excess of safe levels be removed from commerce. Breeding Bird Survey R For PCBs, this level, or tolerance as it is formally Each of the more than 150 species of birds called, is currently 3 ppm in the fat tissue of poul- found in the Hudson River Valley uses specific try. Natural resources are injured when concen-
TURAL types of habitats for feeding, breeding, and nest- trations of PCBs in wild waterfowl exceed the A ing. To perform injury studies involving birds, it
N FDA’s tolerance for poultry. To evaluate this is important that the Trustees understand the rela- injury, the Trustees may compare available water- tionship between the river and each species’ par- fowl tissue data with the FDA tolerance. The ticular habitat preferences. Such relationships help Tr ustees also may elect to collect additional sam- define the likelihood that a given species is at risk ples to support this analysis. for adverse impacts from PCBs, and guide deci- sions regarding which species should be studied. Preliminary Avian Evaluation To confirm the presence and relative abundance Many species of birds depend on the Hudson of bird species along the Hudson River, the River for food, shelter, and breeding. Some Tr ustees identified the breeding birds that are pre- species live in and around the river throughout sent in the Upper Hudson River and the northern the year, while others use the river only for breed- portion of the Lower Hudson River. This study ing, as an over-wintering area, or a stopover dur- included a review of the available literature on ing long migrations. bird abundance in the Hudson River. The results of this preliminary investigation could inform the Tr ustees regarding the design of future avian injury determination studies, as well as help the Tr ustees decide which species to include in the Hudson River damage assessment. The study also could assist the Trustees in designing studies that could be useful in characterizing the effects of PCBs in these species.
46 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N
Bird Egg Study birds such as American woodcock (62). PCB lev- A TURAL els in Hudson River floodplain soils exceed this At the present time, there is limited informa- level, suggesting potential adverse impacts to tion on exposure of Hudson River bird species to organisms such as woodcock and American robin
PCBs, especially at sensitive early life stages. R (61). Exposure can be confirmed by analyzing bird eggs ESOURCE to see whether PCBs are present. To provide addi- The Trustees collected and archived earth- tional insight into this issue, the Trustees are worms from floodplain soils in 2000. In 2002, implementing a study that evaluates PCB con- these worms could be analyzed for PCBs. These centrations in eggs from a number of species of results could then be modeled to estimate likely Hudson River birds from several sections of the exposure of woodcock, robin, or similar species. D river. Based on the results of this exposure confir- The modeled values could then be compared to AMAGE mation study, the Trustees will determine whether effects levels from the literature. To perform this injury determination and quantification studies assessment, the Trustees plan to survey the
are warranted. This preliminary investigation is Hudson River floodplain to determine which A in progress. areas woodcock, robins, or other similar species SSESSMENT are using for nesting and feeding. During this Evaluation of Avian Exposure from Feeding survey, the Trustees could also attempt to collect on Floodplain Organisms eggs from the nests for analysis of PCBs. The Tr ustees could return to the nesting sites prior to Some bird species use the floodplain heavily
the fall migration and sample young birds for fur- P for feeding. One such species is the American ther PCB analysis. The results of these prelimi- LAN robin. Robins forage on the ground and in low nary analyses could help the Trustees determine growing vegetation by probing with their beaks whether species that live and feed in the Hudson and by gleaning. They may forage along the edge River floodplain have been exposed to PCBs and of streams. Robins feed heavily on ground- determine the need for future studies of flood- dwelling invertebrates, particularly during the plain-dependent bird species. This preliminary months preceding and during the breeding sea- investigation is in progress. son. Their breeding habitats include moist forests, swamps, and open woodlands. Very young robins Bald Eagle Monitoring feed almost entirely on insects and other inverte- brates. Another such species that uses the flood- Bald eagles are at risk of accumulating PCBs plain heavily for feeding is the American because they are at the top of the food web. woodcock. The American woodcock is a shore- Eagles prey on fish and scavenge carcasses of bird that feeds almost exclusively on earthworms birds, mink, otter, and other organisms that may and insects. The woodcock has a long bill that contain PCBs. Because much of the eagles’ diet enables it to probe into the soil to capture its prey. may contain PCBs, they are at risk of accumulat- Preferred habitats include fields, hardwood forests ing concentrations that are associated with near water, moist bottomlands, shrub thickets, adverse health impacts. To assess whether PCBs and young evergreen forests. Because of their may be injuring Hudson River bald eagles, the feeding habits and locations, the woodcock, Tr ustees plan to build upon studies that have American robin, or similar species, provide an been conducted by the USFWS and NYSDEC to opportunity to evaluate one pathway through monitor bald eagle nests in the Hudson River for which birds might be exposed to PCBs from reproductive success. In addition, the Trustees floodplain soils. currently intend to collect blood samples from the eagles. Using these samples, the Trustees currently The U.S. Department of Energy (DOE) has intend to determine the level of PCBs or other developed Preliminary Remediation Goals contaminants in the eagles’ blood and plasma and (PRGs) that reflect the adverse effects of PCBs as could further evaluate the eagles’ physiological they bioaccumulate from soil to terrestrial organ- functioning. Non-viable eggs may also be col- isms. For example, PCB concentrations in soil lected. The results of these investigations could greater than 0.655 ppm may cause toxicity to
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 47 allow the Trustees to evaluate the possible effects (1999) predict, based on a dose-response curve, a LAN these PCBs may have on eagle health, and inform greater than 99 percent reduction in fecundity P the Trustees regarding the need for future injury (litter size) of ranch mink fed a 5 ppm PCBs fish determination studies of bald eagle. This prelimi- diet (73). Adverse effects on mink reproduction nary investigation is in progress. are expected when PCB concentrations in mink
HUDSON RIVER tissues exceed about 0.01 ppm Toxic Equivalents lipid weight (60, 74, 75). Based on Smit et al. AMMALS
SSESSMENT M (1996), 21 ppm PCBs (lipid normalized) or more A Many species of mammals rely on the Hudson is a critical level for health impairment in mink River, including its floodplain, for habitat, food, and otter; this is based on the effects of PCBs on and as a breeding ground. Mammals that depend hepatic retinol levels in European otter (58).
AMAGE heavily on the river for food and habitat include Further, 50 ppm or more PCBs (lipid normal-
D otter, mink, muskrat, raccoon, and beaver. Other ized) is a critical level for reproductive impair- small mammals include bats, mice, shrews, squir- ment in mink and otters; this is based on rels, and rabbits. Large mammals include white- reduction in litter size in mink (59, 60). tailed deer, bobcat, and black bear. Mammals may Based on the PRGs developed by DOE that accumulate PCBs by consuming fish, insects, and
ESOURCE reflect the adverse effects of PCBs as they bioac- other river-dependent species. They also may be R cumulate from soil to terrestrial organisms, PCB directly exposed to PCB-contaminated water, sed- concentrations in soil greater than 0.371 ppm iment, soil, and plants as they physically manipu- may cause toxicity to small mammals such as late their environment by building dens, foraging
TURAL short-tail shrews (62). PCB levels in Hudson
A for food, and marking territory. River floodplain soils exceed this level (61). N Beginning in 1982, the State of New York, The preliminary investigations the Trustees the NPS, and the Trustees have collected infor- have in progress are described below. mation regarding PCB concentrations in Hudson River mammals. Data are available from two Mink and Otter Health studies performed by the Trustees that analyzed PCB concentrations in small mammals collected The Trustees currently plan to build upon from the Hudson River floodplain. These studies NYSDEC’s existing mink and otter studies, con- found PCB concentrations ranging from 0.05 to ducting further studies to determine PCB effects 38 ppm in 43 short-tailed shrews (61), and 0.024 in mink and otter from the Hudson River. The to 0.22 ppm in 10 meadow voles (70). Other Tr ustees will review the results of the NYSDEC studies assessed PCB concentrations in mink, studies as they become available. This informa- muskrat, and otters from the Hudson River. tion could help inform the Trustees regarding the These data show PCB concentrations in liver need for future mink and otter injury determina- (normalized for the amount of fat in each sam- tion studies. Additionally, in January 2002, the ple) ranging from 0.13 to 139 ppm in mink, 1.31 Tr ustees assembled an expert panel to review the to 431 ppm PCBs in otter, and undetected to exposure and effects information compiled by the 2.18 ppm PCBs in muskrat (50, 51). PCB con- NYSDEC for mink and otter, and to provide centrations in liver on a wet weight basis range guidance to the Trustees on appropriate next steps from 0.038 to 22.5 ppm in otter, and from for determining whether PCBs are causing 0.0082 to 3.34 ppm in mink (50, 51). adverse biological effects in Hudson River mam- mals, particularly mink and otter. Several studies have investigated the poten- tial effects of PCB exposure to mammals. Existing Bat Exposure data suggest that mink are more sensitive to PCB exposure than most other mammals; otter may be Bats that reside in the Hudson River Valley at least as sensitive as mink to PCBs (59, 60). In may be highly exposed to PCBs through the food controlled feeding studies of mink, diets with web. To assess the extent and severity of PCB PCB levels between 0.64 and 5 ppm completely exposure in bats, the Trustees collected several inhibited reproduction (71, 72). Moore et al. dozen bats from the Hudson River in the sum-
48 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N mer of 2001 and 2002. The Trustees currently Tr ustees may undertake additional investigations, A TURAL plan to analyze several of these bats for PCBs. such as contaminants analysis of whole bodies of The Trustees also currently plan to analyze addi- bullfrogs. tional bats from reference areas. This preliminary investigation is in progress. The results of this pre- Snapping Turtle Consumption Advisory R liminary investigation will allow the Trustees to ESOURCE The State of New York has issued a statewide determine whether bats have been exposed to advisory recommending limited consumption of PCBs and evaluate the possible effects these PCBs snapping turtles due to the levels of PCB may have on bat health, and inform the Trustees contamination found in snapping turtles (1). regarding the need for future injury determina- D Specifically, the State advises that women of child- tion studies of bats. AMAGE bearing age, infants, and children under the age of 15 should avoid eating snapping turtles or AMPHIBIANS AND REPTILES soups that contain their meat. The State also
advises individuals to discard the fat, liver, and A
The Hudson River and its surrounding habitat SSESSMENT eggs of snapping turtles prior to cooking. support many species of amphibians and reptiles. These species spend a large part of their lives in The Department of the Interior’s NRDA reg- contact with potentially contaminated substances ulations define the snapping turtle consumption - water, sediment, and soil - and consume poten- advisory issued by the State of New York as an tially contaminated prey. As essential components injury. The Trustees currently plan to evaluate of the food web, amphibians and reptiles prey on this injury to determine what part of the contam- P LAN insects and worms, and are in turn consumed by ination that led to the statewide advisory is attrib- larger animals such as hawks, owls, and raccoons. utable to PCBs from the Hudson River. In addition to providing nutrients for their preda- tors, amphibians and reptiles also pass on to their Snapping Turtle Health predators the hazardous substances they have Snapping turtles are an important compo- accumulated. nent of the Hudson River food web. Snapping In 1978, the NYSDEC collected snapping turtles are consumers of fish and aquatic inverte- turtles from along the Hudson River. PCB con- brates, while young snapping turtles and snapping centrations in fatty tissue ranged from 330 to turtle eggs are prey for skunks, snakes, birds, and 4,319 ppm, and from 0.54 to 683 ppm in liver other wildlife. (49). In 1998, both snapping turtles and bullfrogs Female snapping turtles lay a single clutch of were collected from three locations along the eggs each year, and those eggs reflect annual Hudson River. PCB concentrations in these snap- changes in chlorinated hydrocarbon exposure in ping turtles ranged from 9.8 to 610 ppm in fatty the female turtle (76). In snapping turtles, sex tissue, and 0.54 to 8.8 ppm in liver tissue. Only determination is temperature-dependent; males leg muscle tissue of bullfrogs was analyzed. One are produced when the eggs are incubated out of 27 of those samples had a measurable con- between 22 and 28 degrees Celsius and females centration of PCBs in leg muscle tissue of 0.023 are produced at incubation temperatures outside ppm. In 2000, the NYSDEC collected additional this range (77). Some PCBs have been shown to snapping turtle data, with PCB concentrations affect sex differentiation in snapping turtles (77, ranging from 2.94 to 3,091 ppm in fat, 0.63 to 78). Patnode et al. (1998) collected, and then 196 ppm in liver, and undetected to 3.92 ppm in artificially incubated, snapping turtle eggs from muscle tissue (50, 51). the Sheboygan River, Wisconsin, in 1996 and The specific studies the Trustees currently 1997 (52). Hatching success was reduced in have in progress as preliminary investigations, to clutches containing PCB concentrations greater confirm exposure of Hudson River reptiles to than 15 ppm when eggs were incubated at male- PCBs, or to determine if injuries to Hudson River producing temperatures, but not at female-pro- reptiles are occurring, are described below. The ducing temperatures. Further, Patnode et al.
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 49 (1998) found that righting responsiveness was source of drinking water for several communities LAN inversely related to PCB exposure; when the and provides opportunities to boat, swim, fish, P hatchlings were placed on their “backs” (cara- and view wildlife. pace), more than 35 percent of the highly conta- The specific studies that the Trustees have in minated hatchlings were unresponsive (52). progress to determine PCB injuries to Hudson HUDSON RIVER External sexual development in snapping turtles River surface water resources are described below. may be sensitive to exposure to environmental
SSESSMENT contaminants, such as PCBs (77). A WATER QUALITY EVALUATION To assess potential impacts to snapping tur- tles, the Trustees are currently evaluating existing The NRDA regulations provide that when chem- data from Hudson River snapping turtles with ical contamination is present in waterways at lev- AMAGE regard to the literature on PCB effects on reptiles. els that exceed the standards set by the State or D The Trustees currently plan to collect snapping Federal government, the surface water resource is turtle eggs from the Hudson River for analysis of injured, if the surface water met the standards contamination, including PCBs. This preliminary before the release and is a “committed use” as a investigation is in progress. The Trustees are also habitat for aquatic life, water supply, or recre-
ESOURCE considering incubating in the laboratory a subset ation. Various investigators have measured PCB
R of the snapping turtle eggs collected; hatchlings concentrations in the Hudson River since the could then be analyzed for adverse effects. The mid-1970s. results of such an injury determination investiga- Water quality standards have been established
TURAL tion could allow the Trustees to begin to evaluate by EPA and the State of New York to protect A the possible effects these PCBs may have on snap-
N humans and wildlife from the effects of exposure ping turtle health. These data could also be useful to hazardous substances. For PCBs, the most pro- for understanding potential pathways to other tective standard of 0.000001 ppb is designed to animals that eat turtle eggs, for example, skunks protect humans who consume fish (46). Other that may then be preyed upon by great horned standards include 0.00012 ppb for the protection owls or other predators. of fish-eating wildlife, 0.001 ppb for the protec- tion of humans and wildlife from exposures such as swimming and wading, and 0.09 ppb for pro- SURFACE WATER tection of drinking water sources (46). The Hudson River provides habitat for a wide From 1975 to 2001, the United States range of plants and animals. The river provides Geological Survey, EPA, NYSDEC, GE, and oth- food and shelter for these organisms, as well as ers collected more than 6,600 water samples from essential nursery habitat for many species that the Hudson River. Data for the Upper Hudson nurture their offspring in the open waters, shoals, River show PCB concentrations ranging from and eddies. The Hudson River also serves as a 0.006 to 5.1 ppb. Data for the Lower Hudson River show PCB concentrations ranging from 0.006 to 0.46 ppb (45). PCB concentrations were Atlantic Sturgeon consistently elevated downstream of the two GE plants. The Trustees currently are comparing these existing water quality data with established water quality standards to document where and when the surface waters of the Hudson River exceeded these standards, thus documenting the injury to surface water resources. A preliminary review of data indicates that water column concentrations Illustration by: Duane Raver, U.S. Fish and Wildlife Service of PCBs in the Hudson River consistently
50 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N exceeded applicable water quality standards. This The Trustees may perform an investigation A TURAL injury determination study is in progress. to determine whether the concentrations of PCBs in Hudson River sediments are sufficient to cause injury to other natural resources, such as biota,
SEDIMENT EVALUATION R that are exposed to those sediments. This evalua- River sediments are included within the regula- tion could be primarily focused on evaluating ESOURCE tory definition of surface waters for NRDA pur- injury to sediment-dwelling biota due to exposure poses. The Trustees are evaluating whether PCB to PCB-contaminated sediments and associated contamination of river sediments constitutes a water in the Hudson River. To perform such an natural resource injury. Two injury determination evaluation, the Trustees could compare existing D investigations are suggested by the NRDA regula- Hudson River sediment data with the thresholds AMAGE tions. These two investigations are discussed and effect levels identified in the literature to doc- below. ument where and when the sediments of the Hudson River exceed such thresholds and effect A
Sediments Characteristic of Solid Waste levels. SSESSMENT When concentrations of hazardous sub- stances on bed, bank, or shoreline sediments are sufficient to cause the sediment to exhibit char- Researchers have conducted several studies to determine how PCB acteristics identified under or listed pursuant to contamination in sediment and soil affect fish and wildlife. This
section 3001 of the Solid Waste Disposal Act P
(SWDA), 42 U.S.C. 6921, the resource is research focuses on establishing concentrations that will protect LAN injured. The Trustees may perform an investiga- species that come into contact with PCBs in sediment. tion to determine whether the sediments of the Hudson River are contaminated with PCBs such that they exhibit characteristics identified under or listed pursuant to section 3001 of the SWDA. Researchers have conducted several studies to To perform such an evaluation, the Trustees could determine how PCB contamination in sediment compare existing Hudson River sediment data and soil affect fish and wildlife. This research with the regulations noted above to document focuses on establishing concentrations that will where and when the sediments of the Hudson protect species that come into contact with PCBs River exhibit the characteristics identified under in sediment. For example, EPA has used a clean- or listed pursuant to section 3001 of the SWDA, up level of 1 ppm for PCB-contaminated thus documenting injury to surface water sediment at several sites across the United States resources. Available data indicate that some areas (e.g., Housatonic River, MA; General Motors of the Hudson River sediments are contaminated Foundry at the St. Lawrence and Raquette Rivers, to the degree that they would exhibit such char- NY; Paoli Railyard, PA; Fox River, WI; acteristics. This condition would constitute a sur- Kalamazoo River, MI: Niagara Mohawk Power face water injury under the DOI NRDA Corp., NY; Cosden Chemical, NJ; and Chemsol, regulations. This injury determination study is in NJ). At some other sites, EPA recently selected progress. cleanup levels that were less than 1 ppm PCBs (e.g. Commencement Bay, WA; Sheyboygan Sediments Injury: Pathway and Biota River, MI). These levels were derived to protect not only the organisms that live in sediment, but Sediments are also injured when they contain also those animals that may eat contaminated hazardous substances of sufficient concentration prey. and duration to cause injury to other natural resources (groundwater, air, geologic, or biological Other researchers have developed sediment resources) when exposed to surface water, sus- quality guidelines for the protection of aquatic pended sediments, or bed, bank, or shoreline sed- bottom-dwelling organisms based on the expected iments. effects associated with PCB exposure. For exam- ple, MacDonald et al. (2000) report a 15.6 per-
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 51 cent incidence of toxicity to sediment-dwelling charge or release. Those requirements include LAN organisms occupying freshwater sediments with either evidence of potability at the time of dis- P PCB concentrations of less than 0.04 ppm (44). charge or evidence that the groundwater met The incidence of adverse biological effects applicable standards at the time of discharge and remained relatively low (7 percent) when total is a “committed use” as a public water supply.
HUDSON RIVER PCB concentrations were greater than 0.04 ppm Second, injury occurs if concentrations of haz- but less than 0.40 ppm. At sediment PCB con- ardous substances in the groundwater exceed cri-
SSESSMENT centrations greater than 0.40 ppm the incidence teria established in Section 304(a)(1) of the Clean A of toxicity to freshwater biota was much higher Water Act, as long as the groundwater satisfied (68.3 percent) (44). At sediment PCB concentra- certain requirements prior to the discharge or tions greater than 1.7 ppm, the incidence of toxi- release. Those requirements include that the
AMAGE city to freshwater biota was still higher (82.5 groundwater met the criteria for a domestic water
D percent) (44). supply before the discharge or release, and is a committed use as a domestic water supply. Third, injury may occur when violations occur for cer- tain other State or Federal standards or criteria for Available data indicate that some areas of Hudson River groundwater designated as a drinking water sup- ESOURCE ply, public water supply, or domestic water supply R sediments are contaminated to the degree that they would prior to the discharge or release. Contaminated exceed such thresholds and effects levels, i.e., the concentrations groundwater resources can also be injured, and of PCBs may be sufficient to cause injury to other natural can injure, other resources by serving as a source TURAL
A resources, particularly sediment-dwelling biota. and pathway for PCBs. For example, seepage of
N PCB-contaminated groundwater into a river may be an exposure pathway for fish; in such an exam- ple, both the groundwater and fish may be injured. Available data indicate that some areas of Hudson River sediments are contaminated to the Regulations promulgated under the SDWA degree that they would exceed such thresholds establish a Maximum Contaminant Level for and effects levels, i.e., the concentrations of PCBs total PCBs of 0.5 ppb for finished water provided may be sufficient to cause injury to other natural to consumers. The state groundwater standard for resources, particularly sediment-dwelling biota. protection of drinking water sources is 0.09 ppb This condition, if found in the river’s sediments, (46). would constitute a surface water injury under the In 1992 and 1993, NYSDEC determined DOI NRDA regulations. This injury determina- that PCBs in the form of dense non-aqueous tion study is in progress. phase liquid underlie the Hudson Falls and Fort Edward plant sites. The NYSDEC further dis- covered that PCBs from the Hudson Falls plant GROUNDWATER site were entering the Hudson River as part of the Groundwater is the water beneath the Earth’s sur- groundwater discharge to the river and contribut- face (in the saturated zone) and that may flow ing significantly to PCB loading to the sediment naturally to the Earth’s surface through seeps or and water column (80, 81). springs. The Trustees currently are compiling existing Groundwater resources may be injured in information regarding the presence of PCBs in several ways. First, injury occurs if concentrations groundwater resources in and around the Hudson of hazardous substances in the groundwater River, and comparing that information to the exceed standards established under Sections standards and criteria noted above. This injury 1401(1)(d) or 1411-1416 of the Safe Drinking determination study is in progress. Water Act (SDWA), as long as the groundwater satisfied certain requirements prior to the dis-
52 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N A
GEOLOGIC RESOURCES AIR TURAL Geologic resources include elements of the Earth’s Air may be injured when a hazardous substance crust, including soils, sediments, rocks, and is present at concentrations that exceed air quality minerals. standards established by Section 112 of the Clean R Air Act or other standards issued by the State or ESOURCE A geologic resource may be injured by the Federal government to protect public welfare or release of a hazardous substance when, among natural resources. Contaminated air resources can other things, one or more of the following also be injured, and can injure, other resources by changes in the physical or chemical quality of the
serving as a source and pathway for PCBs. D resource is measured: (a) concentrations of sub- stances sufficient for the materials in the geologic PCBs that are present in water may volatilize AMAGE resource to exhibit characteristics identified under and enter the atmosphere. Additionally, under or listed pursuant to section 3001 of the SWDA, certain conditions the volatile loss of PCBs from
42 U.S.C. 6921; (b) concentrations of substances wet soils and sediments may be rapid and sub- A sufficient to have caused injury to groundwater stantial (82). PCBs have been detected in the SSESSMENT from physical or chemical changes in gases or atmosphere in the Hudson River environment. water from the unsaturated zone; (c) concentra- Air sampling performed by GE in the Fort tions in the soil of substances sufficient to cause a Edward area in 1989 detected a maximum PCB -7 toxic response to soil invertebrates; or, (d) con- concentration of 2.3 x 10 ppm (83). centrations in the soil of substances sufficient to The Trustees currently plan to investigate P cause a phytotoxic response such as retardation of LAN existing information regarding the presence of plant growth. PCBs in the air in and around the Hudson River, PCB concentrations in floodplain soils of the and compare that information to injuries noted Hudson River have been detected at levels equal above. Following this review, the Trustees may to or greater than 50 ppm (61). This concentra- undertake additional investigations, potentially tion is sufficient to cause a toxic response to soil including an injury determination study, prepare invertebrates, as the acute LC50 for earthworms is a report documenting the extent of the injury, or 2.5 ppm PCBs (63). Further, as a result of the make a determination that provides the basis for PCB contamination, these soils would be subject removing this resource from the assessment. to regulations pursuant to the TSCA. The TSCA regulations specify three options for the disposal of contaminated sediments or soils: incineration, disposal in a licensed chemical waste landfill, or an alternative accepted by the EPA Regional PCB concentrations in floodplain soils of the Hudson River have Administrator (81). been detected at levels equal to or greater than 50 ppm. This Contaminated geologic resources can also be concentration is sufficient to cause a toxic response to soil injured, and can injure, other resources by serv- ing as a source and pathway for PCBs. invertebrates. The Trustees currently are compiling existing information regarding the presence of PCBs in geologic resources, such as floodplains, in and around the Hudson River, and comparing it to the injuries noted above. Such injuries would be in addition to the injuries to the biological resources of the floodplains, including birds, mammals, amphibians, and reptiles. This injury determination study is in progress.
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 53 including taking no action and estimating the LAN time required for natural recovery. The Trustees P DAMAGE DETERMINATION AND ESTORATION will then select the most appropriate alternative. R Ultimately, the Trustees will develop and issue a Restoration and Compensation Determination
HUDSON RIVER The Trustees consider the issue of restoration Plan that memorializes the restoration process. throughout the damage assessment. Restoration This plan will be distributed to the public and SSESSMENT is designed to return injured resources to their potentially responsible party or parties for review A baseline condition and to compensate for the and comment. resources that were lost during the period of Throughout this process, the Trustees seek injury. To accomplish this objective, the Trustees assistance and input from individuals who are AMAGE may use one or both of the following approaches interested in the future of the Hudson River. D depending on the circumstances of the case: Periodically, the Trustees will develop fact sheets (1) calculate the cost of restoring, replacing, or or information packets that explain the restora- acquiring the equivalent of the injured resources tion process and avenues for public participation, and the services they provide, and (2) determine advertise opportunities for public involvement, the value of the losses due to the resource injuries ESOURCE hold public meetings, and seek comments on
R and apply that amount to resource restoration. potential restoration goals and projects. For exam- The Trustees will develop a Restoration and ple, the Trustees are currently soliciting ideas for Compensation Determination Plan that estab- restoration projects in the Hudson River. To con- lishes the procedures for determining the appro-
TURAL tribute to this effort, interested individuals may A priate restoration. obtain information about submitting restoration N Restoration is the goal of a NRDA. It is an proposals through any of the Trustees’ internet active component of damage assessment that can sites for the Hudson River, or through the con- be seen and felt for generations. For example, tact for public inquiries noted at the end of the restoration projects may improve or create aquatic Executive Summary. Through all of these forums habitats, thereby providing fish with clean spawn- and opportunities, the Trustees intend to keep the ing habitat and anglers with opportunities to public apprised of the ongoing restoration pro- catch fish with reduced PCB levels. Similarly, gram and facilitate the exchange of information restoration may involve creating conservation among all interested parties. By actively involving areas and nesting sites that are attractive to water- people with different perspectives, it is hoped the fowl, eagles, owls, or other birds. Restoration also Hudson River will be restored with a richer range may include increasing the viability and abun- of projects that builds a stronger sense of com- dance of threatened, endangered, special concern, munity. or rare species. Exhibit 4-3 illustrates the status of each study the Trustees are currently considering within the damage determination and restoration phase of Restoration is the goal of a NRDA. It is an active component of the assessment. The specific studies are described below. Some of the studies are underway to guide damage assessment that can be seen and felt for generations. the Trustees in development of the Restoration and Compensation Determination Plan. The The restoration planning process is initiated results of all studies undertaken by the Trustees and managed by the Trustees. The Trustees iden- will be contained within the Report of tify: (1) restoration goals, (2) restoration projects, Assessment. and (3) the type and amount of restoration that is necessary to effectively compensate the public for the injured natural resources and the loss of the RECREATIONAL FISHING LOST USE STUDY services those resources provide. The Trustees will The Trustees are assessing the value of the lost use consider a number of restoration alternatives, of the recreational fishery as part of the damage
54 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER
EXHIBIT 4-3: DAMAGE DETERMINATION AND RESTORATION N A
DAMAGE DETERMINATION AND RESTORATION TURAL R ESOURCE Recreational Fishing Habitat Equivalency Lost Navigational Impacts to Park Lost Use Study Analysis Services Service Sites In Progress Potential In Progress Potential D
KEY TRUSTEE STUDYItalics STUDY STATUS AMAGE A
determination. The Hudson River is a popular One way to do this is to use a method called SSESSMENT fishing destination for recreational anglers. In Habitat Equivalency Analysis (HEA). The HEA some locations, the river is so diverse that it pro- method is founded on the principle that the pub- vides opportunities to catch sought after species lic can be compensated for past and future losses of both freshwater and saltwater fish. However, of natural resources by providing additional PCB contamination has likely changed the way resources of the same type and quality (84, 85, that anglers view the river and its fishery. In par- 86). The HEA method provides compensation by P LAN ticular, the fishing bans and restrictions issued by establishing equivalency between the quantity of the State of New York in response to the PCB injured resources or services and the quantity of contamination may alter angler behavior and restoration. The Trustees will determine the reduce the enjoyment that each angler receives appropriateness of using this or other methods from a fishing trip. Common responses that after it is determined which resources are injured. anglers have when faced with chemical contami- nation and any associated advisories at their pre- ferred fishing location include fishing less ASSESSMENT OF LOST NAVIGATIONAL SERVICES frequently or not at all, fishing in less desirable The Hudson River, in particular the Champlain locations, traveling further to fish, converting to Canal portion of the Upper Hudson, is an impor- catch-and-release angling, or pursuing a different tant waterway for recreational and commercial activity altogether. In order to assess these boat traffic. Completed in 1825, the Champlain impacts, the Trustees are evaluating how fishing Canal linked the Upper Hudson River to Lake restrictions in the Hudson River affect angler Champlain and provided a vital transportation behavior. route for the movement of raw materials and fin- ished goods, linking the farmers and merchants of the Hudson Valley with the rest of the world. HABITAT EQUIVALENCY ANALYSIS Portions of the Champlain Canal are coincident As noted above, the Trustees are engaged in a with portions of the Hudson River, extending process of assessing exposure of natural resources from Waterford, New York, at River Mile 158 on to PCBs and determining whether injuries from the Hudson River, to Whitehall, New York, at the PCBs are occurring to a variety of natural southern end of Lake Champlain. The resources, including surface water, sediment, and Champlain Canal is 60 miles long, including 37 various biota, as a result of that exposure. As part miles of canalized Hudson River from Waterford of the damage assessment, the Trustees may deter- to Fort Edward. The Canal diverges from the mine the amount of restoration that is necessary Hudson River at Fort Edward just downstream of to compensate the public for identified injuries to Lock 7 and proceeds in a northeasterly direction these resources for the period between the onset to Lake Champlain, with 23 miles of land-cut of injury and the resource’s return to baseline. sections from Fort Edward to Whitehall.
THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION Subject to Public Review 55 The Champlain Canal is operated and main- dial dredging to be carried out by EPA will ade- LAN tained by the New York State Canal Corporation, quately restore this waterway to its full uses. P a subsidiary corporation of the New York State Should it appear that EPA’s remedy will not Thruway Authority. Before 1979, the Canal achieve full restoration, the Trustees will consider Corporation (the New York State Department of and evaluate further restoration options and their
HUDSON RIVER Transportation prior to 1992) routinely dredged costs. The Trustees may also institute a study of the Champlain Canal to maintain a water depth potential loss of navigational services in the Lower
SSESSMENT of 12 feet. However, due to the incremental costs Hudson attributable to PCB contamination. A associated with PCB contamination, no dredging in the Upper Hudson River has occurred since that date, except in the area where the Hoosic ASSESSMENT OF IMPACTS TO NATIONAL PARK
AMAGE River discharges into the Champlain Canal below SITES AND AFFILIATED AREAS
D Lock C-4. Since 1992, the Canal Corporation has The NPS oversees several parks and historic sites conducted annual depth surveys of the canal to in the Hudson River Valley that contain impor- determine areas of increased sedimentation and tant natural resources that have been exposed to decreased water depth in the navigation channel. PCBs. Among these are the Saratoga National Areas of decreased depth are marked with addi-
ESOURCE Historical Park, the Franklin D. Roosevelt tional buoys to prevent Canal boaters from R National Historic Site, and the Vanderbilt grounding their vessels. The inability to dredge Mansion National Historic Site. The presence of the Champlain Canal due to the presence of PCB PCBs in and around these and other properties contamination has caused a number of locations
TURAL has likely changed how park visitors view these
A to have less than the required 12 foot depth. This sites. In addition, PCB contamination affects how
N suggests that the navigation of vessels through the NPS plans and manages these properties. To these areas, particularly larger vessels with deeper evaluate the damages associated with contamina- drafts, may be impeded by the current conditions. tion at these sites, the Trustees currently plan to As part of this assessment, the Trustees will use existing data to define the scope of the determine whether injuries to surface water impacts. If the results of this preliminary investi- resources have led to any loss or impairment of gation warrant further action, the Trustees could the services the Champlain Canal is capable of develop one or more additional studies that fully providing. If the Trustees find that there has been characterize the damages at these sites associated injury and an associated loss of this kind, the with PCB contamination in the Hudson River Tr ustees will evaluate whether the proposed reme- Valley.
The Great Redoubt at Saratoga National
Photo courtesy of the National Park Service Historic Park.
56 Subject to Public Review THE HUDSON RIVER NRDA: ASSESSMENT AND RESTORATION HUDSON RIVER N A TURAL REFERENCES R ESOURCE 1. NYSDOH (New York State Department of Health). 2002. Chemicals in Sportfish and Game 2002-2003. Health Advisories. http://www.health.state.ny.us/nysdoh/environ/fish.htm. 2. NYSDOS (New York State Department of State). 1990. Hudson River Significant Tidal
Habitats: A Guide to the Functions, Values and Protection of the River’s Natural Resources. D
New York State Department of State, Division of Coastal Resources and Waterfront AMAGE Revitalization, March 1990. 184 pages. 3. USFWS (U.S. Fish and Wildlife Service). 1997. Significant Habitats and Habitat Complexes of
the New York Bight Watershed. U.S. Fish and Wildlife Service, Coastal Ecosystems Program, A Charlestown Rhode Island. 1,024 pages. SSESSMENT 4. NMFS (National Marine Fisheries Service). Summary of Essential Fish Habitat (EFH) Designations. www.nero.nmfs.gov/ro/doc/hcd.htm. 5. Reschke, C. 1990. Ecological Communities of New York State. New York Natural Heritage
Program, New York State Department of Environmental Conservation. Albany, New York. 96 P pages. LAN 6. NYSCD (New York State Conservation Department). 1933. A Biological Survey of the Upper Hudson Watershed. New York State Conservation Department, Albany, New York. 341 pages. 7. Stanne, S.P., R.G. Panetta, and B.E. Forist. 1996. The Hudson: An Illustrated Guide to the Living River. Rutgers University Press. New Brunswick, New Jersey. 8. NWI (National Wetlands Inventory). 1998. National Wetlands Inventory Map, Fort Miller, NY. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. 9. DeGraaf, R.M, and D.D. Rudis. 1986. New England Wildlife: Habitat, Natural History, and Distribution. Gen. Tech. Report NE-108. U.S. Department of Agriculture, Forest Service. Broomall, Pennsylvania. 491 pages. 10. EPA (U.S. Environmental Protection Agency). 2000. Phase 2 Further Site Characterization and Analysis. Volume 2E Revised Baseline Ecological Risk Assessment Hudson River PCBs Reassessment. Books 1 of 2 and 2 of 2. November. 11. NYSDEC (New York State Department of Environmental Conservation). 2001. List of Endangered, Threatened, and Special Concern Fish and Wildlife Species of New York State. July. http://www.dec.state.ny.us/website/dfwmr/wildlife/endspec/etsclist.html. 12. Marist College. 2000. www.marist.edu. 13. EPA. 1997. Phase 2 Report - Review Copy. Volume 2C - Data Evaluation and Interpretation Report: Hudson River PCBs Reassessment RI/FS. Region II, New York. February. 14. EPA. 1991. Phase I Report - Review Copy. Volume 1 - Interim Characterization and Evaluation Report: Hudson River PCB Reassessment RI/FS. Region II, New York. August. 15. Safe, S.H. 1994. Polychlorinated biphenyls (PCBs): Environmental impact, biochemical and toxic responses, and implications for risk assessment. Crit. Rev. Toxicol. 24(2):87-149. 16. COPA (The Coalition Opposed to PCB Ash in Monroe County, Indiana). 1998. Who’s Who: PCBs. An Extract from USEPA document EPA/540/s-93/506.
REFERENCES Subject to Public Review 57 17. Erickson, M. 1997. Analytical Chemistry of PCBs Second Edition, Lewis Publishers, New York. 18. ATSDR (Agency for Toxic Substances and Disease Registry). 2000. Toxicological profile for polychlorinated biphenyls (PCBs). Atlanta, GA: U.S. Department of Health and Human LAN
P Services, Public Health Service. 19. Versar. 1976. PCBs in the United States: Industrial Use and Environmental Distribution. Prepared by Versar, Inc. for the U.S. Environmental Protection Agency under contract 68-01-
HUDSON RIVER 3259, Task 1. 20. Versar. 1980. Production and Use of PCB 1248 and 1254. Prepared by Versar, Inc. for the U.S. SSESSMENT
A Environmental Protection Agency, Office of Toxic Substances, under contract 68-01-6251, Task 2. 21. Ghirelli, R.P., F.H. Palmer, T.L. Spielman, M. Jung, R.L. Severeid, G.W. Bowes and D.B. Cohen.
AMAGE 1993. Polychlorinated Biphenyls. California State Water Resources Control Board. Special
D Projects Report No. 83-1sp. 22. Hiraizumi, Y., M. Takahashi, and H. Nishimura. 1979. Adsorption of polychlorinated biphenyl onto sea bed sediment, marine plankton, and other adsorbing agents. Environ. Sci. Technol. 13:580-583.
ESOURCE 23. Buckley, E.H. 1982. Accumulation of airborne polychlorinated biphenyls in foliage. Science 216: R 520 - 522. 24. Bush, B., K.W. Simpson, K.W., L. Shane, and R.R. Koblintz. 1985. PCB congener analysis of
TURAL water and caddisfly larvae (Insecta: Tricoptera) in the Upper Hudson River by glass capillary A chromatography. Bull. Environ. Contam. Toxicol. 34:96 - 105. N 25. Bush, B., L.A. Shane, L.R. Wilson, E.L. Barnard, and D. Barnes. 1986. Uptake of polychlorobiphenyl congeners by purple loosestrife (Lythrum salicaria) on the banks of the Hudson River. Arch. Environ. Contam. Toxicol. 15: 285 - 290. 26. Bush, B. and M.J. Kadlec. 1995. Dynamics of PCBs in the aquatic environment. Great Lakes Research Rev. 1(2):24 - 30. 27. Hoffman, D.J., C.P. Rice, and T.J. Kubiak. 1996. PCBs and dioxins in birds. In Beyer, W.N., Heinz G.H., Redmon-Norwood A.W., eds, Environmental Contaminants in Wildlife - Interpreting Tissue Concentrations. SETAC, Special Publications Series, CRC, Boca Raton, FL, USA, pp. 165- 207. 28. Stickel, W.H., L.F. Stickel, R.A. Dyrland, and D.L. Hughes. 1984. Aroclor 1254 residues in birds: lethal levels and loss rates. Arch. Environ. Contam. Toxicol. 13:7 - 13. 29. Barron, M.G., M.J. Anderson, D. Cacela, J. Lipton, S.J. The, D.H. Hinton, J.T. Zelikoff, A.L. Dikkeboom, D.E. Tillitt, M. Holey, and N. Denslow. 2000. PCBs, Liver Lesions, and Biomarker Responses in Adult Walleye (Stizostedium vitreum vitreum) Collected from Green Bay, Wisconsin. J. Great Lakes Res. 26(3):250-271. 30. Orn, S., P.L. Anderson, L. Forlin, M. Tysklind, and L. Norrgren. 1998. The Impact on Reproduction of an Orally Administered Mixture of Selected PCBs in Zebrafish (Danro rerio). Arch. Environ. Contam. Toxicol. 35:52-57. 31. Niimi, A.J. 1996. PCBs in aquatic organisms. In Beyer, W.N., Heinz G.H., Redmon-Norwood A.W., eds, Environmental Contaminants in Wildlife - Interpreting Tissue Concentrations. SETAC, Special Publications Series, CRC, Boca Raton, FL,USA, pp 117 - 152.
58 Subject to Public Review REFERENCES HUDSON RIVER 32. Dey, W.P., T.H. Peck, C.E. Smith, and G.L. Kreamer. 1993. Epizoology of hepatic neoplasia in Atlantic tomcod (Microgadus tomcod) from the Hudson River estuary. Canad. J. Fish. Aquat. Sci. N
50:1897-1907. A TURAL 33. Bowser, P.R., D. Martineau, R. Sloan, M. Brown, and C. Carusone. 1990. Prevalence of liver lesions in brown bullhead from a polluted site and a non-polluted reference site on the Hudson River, New York. J. Aquat. Anim. Health 2:177-181. R
34. Wirgin, I.I. and S.J. Garte. 1989. Activation of the K-ras oncogene in liver tumors of Hudson ESOURCE River tomcod. Carcinogenesis 10(12):2311-2315. 35. Hoffman, D.J., M.J. Melancon, J.D. Eisemann, and P.N. Klein. 1998. Comparative developmental toxicity of planar PCB congeners in chickens, American kestrels, and common terns. Environ. Toxicol. Chem. 17:747-757. D AMAGE 36. Hoffman, D.J., M.J. Melancon, J.D. Eisemann, and P.N. Klein. 1995. Comparative toxicity of planar PCB congeners by egg injection. Soc. Environ. Toxicol. Chem. Abs. 16: 207.
37. Tillitt, D.E., T.J. Kubiak, G.T. Ankley, and J.P. Giesy. 1993. Dioxin-like toxic potency in Forster’s A
tern eggs from Green Bay, Lake Michigan, North America. Chemosphere 26: 2079-2084. SSESSMENT 38. Van den Berg, M., B.H.L.J. Craane, T. Sinnige, I.J. Lutke-Schipholt, B. Spenkelink, and A. Brouwer. 1992. The use of biochemical parameters in comparative toxicological studies with the cormorant (Phalacrocorax carbo) in the Netherlands. Chemosphere 25: 1265-1270.
39. Jensen, S., J.E. Kihlstrom, M. Olsson, C. Lundberg, and J. Orberg. 1977. Effects of PCB and P
DDT on mink (Mustela vison) during the reproductive season. Ambio 6:239. LAN 40. Aulerich, R.J., S.J. Bursian, M.G. Evans, J.R. Hochstein, K.A. Koudele, B.A. Olson, and A.C. Napolitano. 1987. Toxicity of 3,4,5,3,’,4’,5’-hexachlorobiphenyl to mink. Arch. Environ. Contam. Toxicol. 16:53-60. 41. Malcolm Pirnie Inc. 1978. Phase I Engineering Report Dredging of PCB Contaminated Hot Spots: Upper Hudson River, New York. Prepared for the New York State Department of Environmental Conservation, Albany, New York. 42. Sanders, J.E. 1989. PCB Pollution in the Upper Hudson River: From Environmental Disaster to Environmental Gridlock. Northeastern Environmental Science 8(1). 43. NOAA (National Oceanic and Atmospheric Administration). 2001. Hudson River Watershed Database. Office of Response and Restoration. http://response.restoration.noaa.gov/cpr/ qm/windowsqm.html. 44. MacDonald, D.D., L.M. DiPinto, J. Field, C.G. Ingersoll, E.R. Long, and R.C. Schwartz. 2000. Development and Evaluation of Consensus-Based Sediment Effect Concentrations for Polychlorinated Biphenyls. Environ. Toxicol. Chem. 19(5):1403-1413. 45. EPA. 2000. Database for the Hudson River PCBs Reassessment RI/FS. Release 5.0. October 2000. Prepared by TAMS Consultants, Inc., Bloomfield, NJ. 46. NYCRR (New York State Rules and Regulations). 1998. 6 NYCRR Chapter X Part 703. Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations. 47. Nebeker, A.V. and F.A. Puglisi. 1974. Effect of polychlorinated biphenyls (PCBs) on survival and reproduction of Daphnia, Gammarus, and Tanytarus. Trans. Am. Fish. Soc.:722 - 728. 48. DeFoe, D.L., G.D. Veith, and R.W. Carlson. 1978. Effects of Aroclor 1248 and 1260 on the fathead minnow (Pimephales promelas). J. Fish. Res. Board Can. 35:997 - 1002.
REFERENCES Subject to Public Review 59 49. Stone, W.B., E. Kiviat, and S.A. Butkas. 1980. Toxicants in snapping turtles. New York Fish and Game Journal 27(1):39-49. 50. NYSDEC. 2001. Fish, Wildlife, and Marine Division. LAN
P http://www.dec.state.ny.us/website/press/pressrel/2001-52.html. 51. DEC Biota Database: NYSDEC. 2002. Hudson River PCB Biota Database. NYSDEC, Bureau of Habitat, Albany, New York.
HUDSON RIVER 52. Patnode, K., B. Bodenstein, and R. Hetzel. 1998. Impacts of PCB exposure on snapping turtle reproduction. Wildlife Society Fifth Annual Conference; 22-26 September 1998; Buffalo, NY. SSESSMENT
A 123 pp. 53. Kim, K.S., M.J. Pastel, J.S. Kim, and W.B. Stone. 1984. Levels of polychlorinated biphenyls, DDE, and mirex in waterfowl collected in New York State, 1979-1980. Arch. Environ. Contam.
AMAGE Toxicol. 13:373-381.
D 54. Kim, H.T., K.S. Kim, J.S. Kim, and W.B. Stone. 1985. Levels of polychlorinated biphenyls, DDE, and mirex in waterfowl collected in New York State, 1981-1982. Arch. Environ. Contam. Toxicol. 14:13-18. 55. Foley, R.E. 1992. Organochlorine Residues in New York Waterfowl Harvested by Hunters in ESOURCE 1983-1984. Environ. Monit. Assess. 21:37-48. R 56. Secord, A.L. and J.P McCarty. 1997. Polychlorinated Biphenyl Contamination of Tree Swallows in the Upper Hudson River Valley, New York. Effects on Breeding Biology and Implications for
TURAL Other Bird Species. U.S. Fish and Wildlife Service. March. A
N 57. NYSDEC, USFWS. Unpublished data. 58. Smit, M.D., P.E.G. Leonards, A.J. Murk, A.W.J.J. de Jongh, and B. van Hattum. 1996. Development of otter-based quality objectives for PCBs. Institute for Environmental Studies. Vrije Universiteit, Amsterdam. 129 pp. 59. Leonards, P.E.G., M.D. Smit, A.W.J.J. de Jongh, and B. van Hattum. 1994. Evaluation of dose- response relationships for the effects of PCBs on the reproduction of mink (Mustela vison). Institute for Environmental Studies. Vrije Universiteit, Amsterdam. 47 pp. 60. Leonards P.E.G., T.H. De Vries, W. Minnaard, S. Stuijfzand, P. de Voogt, W.P. Confino, N.M. Van Straalen, and B. van Hattum. 1995. Assessment of experimental data on PCB-induced reproduction inhibition in mink, based on an isomer- and congener-specific approach using 2,3,7,8-tetrachlorodibenzo-p-dioxin toxic equivalency. Environ. Toxicol. Chem. 14(3):639-52. 61. Brosnan, T.M., Balk, C., Davis J., Gumaer, L., Heaney, M., Kane, P., Levine, R., Rosman, L., Smith, K. 2001. PCBs in Floodplain Soils and Shrews of the Hudson River, New York. SETAC, Nov. 11-15, Baltimore, MD. 62. Efroymson, R.A., G.W. Suter II, B.E. Sample, and D.S. Jones. 1997. Preliminary Remediation Goals for Ecological Endpoints. Prepared for the US Department of Energy, Washington, DC. August. 63. EPA. 1999. Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Appendix E: Toxicity Reference Values. Peer Review Draft. EPA530-D- 99-001C, Office of Solid Waste and Emergency Response. August. 64. NYSDEC, NOAA, and USDOI. 1997. Preassessment Screen Determination for the Hudson River, New York. October 1.
60 Subject to Public Review REFERENCES HUDSON RIVER 65. Bopp, R., S. Chillrud, E. Shuster, J. Simpson, and F. Estabrooks. 1998. Trends in chlorinated hydrocarbon levels in Hudson River basin sediments. Env. Health. Persp. 106, Supplement 4, N
August 1998. A TURAL 66. USEPA. 1999. Action Memorandum. Request for a Removal Action for the Rogers Island Site, Fort Edward, Washington County, New York. Harmon, J.D., Removal Action Branch. Sept. 28.
67. NYSDEC, NOAA, and DOI (United States Department of the Interior). 2001. Injuries to R
Hudson River Fishery Resources: Fishery Closures and Consumption Restrictions. Hudson River ESOURCE Natural Resource Damage Assessment. Final Report. 68. Monosson, E. 1999/2000. Reproductive and developmental effects of PCBs in fish: a synthesis of laboratory and field studies. Reviews in Toxicology 3:25-75 D
69. Andrle, R.F. and J.R. Carroll. 1988. The Atlas of Breeding Birds in New York State, Federation of AMAGE New York State Birds Club. IV. ISBN 0-8014-1691-4. New York State Department of Environmental Conservation. Cornell University, Laboratory of Ornithology. Cornell University, NY. A
70. USGS (United States Geological Survey). 2001. Final Report #6 Organochlorine Pesticides and SSESSMENT PCBs in Livers and Prey of Great Blue Herons. FWS No: 1448-50181-99-H-007. May 2. 71. Platonow, N.S. and L.H. Karstad. 1973. Dietary effects of polychlorinated biphenyls on mink. Can. J. Comp. Med. 37:391-400.
72. Bleavins, M.R., R.J. Aulerich, and R.K. Ringer. 1980. Polychlorinated biphenyls (Aroclor 1016 P
and 1242): Effects on survival and reproduction in mink and ferrets. Arch. Environ. Contam. LAN Toxicol. 9:627-635. 73. Moore, DR.J., B.E. Sample, G.W. Suter, B.R. Parkhurst, and R.S. Teed. 1999. A probabilistic risk assessment of the effects of methylmercury and PCBs on mink and kingfishers along East Fork Poplar Creek, Oak Ridge Tennessee, USA. Environ. Toxicol.Chem., 18(12), 2941-2953. 74. Mason C.F. and C.D. Wren. 2001. Carnivora. In: Shore RF, Rattner BA, eds. Ecotoxicology of Wild Mammals. West Sussex, England: John Wiley & Sons Ltd. p 315-370. 75. Tillitt D.E., R.W. Gale, C.J. Meadows, J.L. Zajicek, P.H. Peterman, S.N. Heaton, P.D. Jones, S.J. Bursian, T.J. Kubiak, J.P. Giesy and R.L Aulerich. 1996. Dietary exposure of mink to carp from Saginaw Bay. 3. Characterization of dietary exposure to planar halogenated hydrocarbons, dioxin equivalents, and biomagnification. Environ. Sci. Technol. 30(1):283-91. 76. Bishop, C.A., P. Ng, R,J. Norstrom, and K.E. Pettit. 1996. Temporal and geographic variation of organochlorine residues in eggs of common snapping turtle (Chelydra serpentina serpentina) (1981-1991) and comparisons to trends in the herring gull (Larus argentatus) in the Great Lakes Basin in Ontario, Canada. Arch. Environ. Contam. Toxicol. 31:512-24. 77. de Solla, S.R., C.A. Bishop, G. Van der Kraak, and R.J. Brooks. 1998. Impact of organochlorine contamination on levels of sex hormones and external morphology of common snapping turtles (Chelydra serpentina serpentina) in Ontario, Canada. Environ. Health Perspect. 106(5):253-60. 78. Crews, D., J.M. Bergeron, and J.A. McLachlan. 1995. The role of estrogen in turtle sex determination and the effect of environmental estrogens. Environ. Health. Perspect. 103:73-77. 79. Farrar, Kevin. Personal Communication. Division of Environmental Remediation, NYSDEC. Various conversations, May-July 1997. 80. EPA. 1995. Superfund Update: Hudson River PCBs Superfund Site. Region II, New York. July. 81. EPA. 1994. ARCS Remediation Guidance Document. EPA 905-B94-003. Great Lakes National Program Office, Chicago, IL.
REFERENCES Subject to Public Review 61 82. Chirianzelli, J.R., R.J. Scrudato, and M.L. Wunderlich. 1997. Volatile Loss of PCB Aroclors from Subaqueous Sand.” Environmental Science and Technology 31(2): 597-602. 83. Harza Engineering. 1990. Ft. Edward Dam PCB Remnant Deposit Containment Environmental LAN
P Monitoring Program Baseline Studies, Report of 1989 Results, August-December 1989. Report to General Electric Company, Fairfield, Conn., February. 84. NOAA. 2000. Habitat Equivalency Analysis: An Overview. NOAA Technical Papers, Damage
HUDSON RIVER Assessment and Restoration Program, National Oceanic and Atmospheric Administration. October 4, 2000. SSESSMENT
A 85. United States Court of Appeals. 2001. United States of America, Plaintiff-Appellee-Appelant, Internal Improvement Trust Fund, et al., Plaintiffs-Appellees, v. Great Lakes Dredge and Dock Company, Defendant-Appellant-Cross-Appellee. No. 00-12002. United States Court of Appeals, Eleventh Circuit. July 30, 2001. AMAGE
D 86. Unsworth, R.E. and Bishop, R.C. 1994. Assessing natural resource damages using environmental annuities. Ecological Economics 11:35-41. ESOURCE R TURAL A N
62 Subject to Public Review REFERENCES HUDSON RIVER N A TURAL GLOSSARY R ESOURCE Advisory - State-generated health warning regarding the consumption of contaminated animals (e.g., fish, waterfowl). These advisories include advice on how to reduce exposures to chemical contaminants in fish and game by avoiding or reducing consumption and by the use of filleting/trimming and cooking
techniques to further reduce contaminant levels. In New York State, these advisories are issued by the D
New York State Department of Health. AMAGE Air resources - those naturally occurring constituents of the atmosphere, including those gases essential for human, plant, and animal life.
Algae - marine and freshwater plants (including most seaweeds) that are single-celled, colonial, or A multicelled, with chlorophyll but without true roots, stems, or leaves and with no flowers or seeds. SSESSMENT Anadromous - reproducing in freshwater and then living as adults in marine waters; generally the term is used to describe fish species that ascend rivers and streams from saltwater habitat for the purpose of spawning.
Aroclor - commercially prepared PCB mixture, consisting of individual PCB compounds (congeners) P
differing in position and degrees of chlorination, that was manufactured by the Monsanto Chemical LAN Company. Assessment Plan - see Damage Assessment Plan Baseline - the condition or conditions that would have existed at the assessment area had the discharge of oil or release of the hazardous substance under investigation not occurred. Bioaccumulation - the accumulation of substances from the environment in the tissues of exposed organisms. Biological resources - plants and animals; those natural resources referred to in section 101(16) of CERCLA as fish and wildlife and other biota. Fish and wildlife include marine and freshwater aquatic and terrestrial species; game, non-game, and commercial species; and threatened, endangered, and State sensitive species. Other biota include shellfish, terrestrial and aquatic plants, and other living organisms not otherwise listed in this definition. Brackish - water that has some salt content but is less saline than ocean water. Catadromous - reproducing in marine waters and then migrating as adults to freshwater. Clean Water Act - Public Law 95-217 as amended, 33 USC 1251 et seq.; restores and maintains the chemical, physical, and biological integrity of the nation’s waters by achieving a level of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and for recreation on the water; elimination of the discharge of pollutants into surface waters; and promotion of a policy that the discharge of toxic pollutants in toxic amounts be prohibited. Code of Federal Regulations - the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) - Public Law 95- 510 as amended, 42 USC Sec. 9601 et seq.; designed to respond to situations involving the past disposal of hazardous substances; regulates the cleanup of sites where hazardous substances are located and the distribution of cleanup costs among the parties who generated and handled hazardous substances at these sites.
GLOSSARY Subject to Public Review 63 Committed use - either a current public use; or a planned public use of a natural resource for which there is a documented legal, administrative, budgetary, or financial commitment established before the discharge of oil or release of a hazardous substance is detected. LAN
P Confluence - the point where two or more streams come together. Congener - viz. PCBs, a compound with a specific number and position of chlorine atoms attached to a biphenyl; a member of the group of compounds known as PCBs (polychlorinated biphenyls).
HUDSON RIVER Criterion - the level of a compound or material set by a governmental agency to be protective of human health, wildlife health, and/or the environment. SSESSMENT
A Damage Assessment Plan - a plan created by the Trustees and reviewed by the public that serves as a means of evaluating whether the approach used for assessing damages is likely to be cost-effective and meets the definition of reasonable cost; includes descriptions of the natural resources and geographical areas involved, the methodologies proposed for injury assessment, and a statement of trusteeship. AMAGE
D Damages - the amount of money sought by the natural resource Trustee as compensation for injury, destruction, or loss of natural resources as set forth in section 107(a) or 111(b) of CERCLA. Degradation - decomposition of a compound or material. Deposition - setting down of particles on a surface. ESOURCE
R Dredge spoils - material removed from a water body by dredging for subsequent storage and/or disposal. Drinking water supply - any raw or unfinished water source that is or may be used by a public water system, as defined by the Safe Water Drinking Act, or as drinking water by one or more individuals. TURAL
A Ecosystem - the complex of a community and its environment functioning as an ecological unit in
N nature. Emergent vegetation - herbaceous wetland vegetation that is erect and rooted. Endangered species - any species that is in danger of extinction throughout all or a significant portion of its range. Erosion - the process of wearing away by the action of water, wind, or ice. Floodplain - low-lying lands near a river that are submerged when the river overflows its banks. Food web - complex of interacting organisms, accounting for feeding relations, production, consumption, decomposition, and energy flow. Geologic resources - those elements of the earth’s crust such as soils, sediments, rocks, and minerals, including petroleum and natural gas, that are not included in the definitions of ground and surface water resources. Groundwater resources - water in a saturated zone or stratum beneath the surface of land or water and the rocks or sediments through which groundwater moves. It includes groundwater resources that meet the definition of drinking water supplies. Habitat - place where a plant or animal species naturally exists. Hazardous substance - substances designated in sections 311(b)(2)(A) or 307 (a) of the Federal Water Pollution Control Act; any element, compound, mixture, solution or substance as defined in section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act; any hazardous air pollutant listed under section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (does not include petroleum, natural gas, or synthetic gas). Herbivore - animal that feeds primarily on plants.
64 Subject to Public Review GLOSSARY HUDSON RIVER Injury - a measurable adverse change, either long- or short-term, in the chemical or physical quality of the
viability of a natural resource resulting either directly or indirectly from exposure to a discharge of oil N
or release of a hazardous substance, or exposure to a product of reactions resulting from the discharge A of oil or release of a hazardous substance. TURAL Intertidal - area of the shore between mean high water and mean low water.
LC 50 - the concentration of a substance that is expected to cause death in 50 percent of an experimental R
test population when administered over a specified period of time. ESOURCE Lesion - abnormal change in the structure of an organ or tissue due to injury or disease. Lipophilic - having an affinity for lipid (fats); easily miscible in organic substances, literally “fat-loving”.
Lower Hudson River - the stretch of the Hudson River between the Federal Dam at Troy (River Mile 154) D
and the Battery in Manhattan (River Mile 0). AMAGE Migrate - to move (usually periodically) from one area to another for feeding or breeding. National Priorities List (NPL) - a list of sites prepared according to the statutory criteria of the hazard ranking system that evaluates the known releases or threatened releases of hazardous substances, A SSESSMENT pollutants, or contaminants throughout the United States; Appendix B of the National Contingency Plan. Natural resources - land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the P
Magnuson Fishery Conservation and Management Act of 1976), any State or local government, any LAN foreign government, any Indian tribe, or, if such resources are subject to a trust restriction or alienation, any member of an Indian tribe. These natural resources have been categorized into the following five groups: surface water resources, groundwater resources, air resources, geologic resources, and biological resources. Natural resource damage assessment - the process of collecting, compiling, and analyzing information, statistics, or data to determine damages for injuries to natural resources. No-action - when a resource is allowed to recover from injury naturally, without any remedial intervention. Organic matter - material of, relating to, or derived from living organisms. Pathway - the route or medium through which oil or a hazardous substance is or was transported from the source of the discharge or release to the injured resource. Phytoplankton - microscopic aquatic plant forms of passively drifting organisms. Polychlorinated biphenyls (PCBs) - a group of 209 congeners consisting of a biphenyl ring with between 1 and 10 chlorine atoms attached, known to be persistent in the environment and to cause adverse effects in organisms. Predator - an animal with a mode of life in which food is primarily obtained by the killing and consuming of animals. Prey - an animal taken by a predator as food. Quality Assurance Project Plan - a document outlining procedures that those who conduct a monitoring project will take to ensure that the data they collect and analyze meets project requirements. Reasonable cost - the amount that may be recovered for the cost of performing a damage assessment. Costs are reasonable when: the Injury Determination, Quantification, and Damage Determination phases have a well-defined relationship to one another and are coordinated; the anticipated increment of extra benefits in terms of the precision or accuracy of estimates obtained by using a more costly injury, quantification or damage determination methodology are greater than the anticipated
GLOSSARY Subject to Public Review 65 increment of extra costs of that methodology; and the anticipated cost of the assessment is expected to be less than the anticipated damage amount determined in the Injury, Quantification, and Damage Determination phases.
LAN Remediation - an action that alleviates contamination or injury. P Remnant Deposit - PCB-contaminated sediment deposits which were exposed as a result of the removal of the Fort Edward Dam and the subsequent drop in the water level of the Hudson River.
HUDSON RIVER Restoration - actions undertaken to return an injured resource to its baseline condition, as measured in terms of the injured resource’s physical, chemical, or biological properties, or the services it previously
SSESSMENT provided, when such actions are in addition to response actions completed or anticipated, and when A such actions exceed the level of response actions determined appropriate to the site pursuant to the National Contingency Plan. Safe Drinking Water Act - Public Law 93-523 as amended, 42 USC 300f et seq.; ensures that the water AMAGE that comes from the tap in the United States is fit to drink (according to EPA national drinking water D standards), and prevents contamination of groundwater. Services - the physical and biological functions performed by the resource including the human uses of those functions. These services are the result of the physical, chemical, or biological quality of the resource. ESOURCE
R Spawning - the production of eggs in large numbers, usually in reference to aquatic animals (e.g., fish and frogs). Species of special concern - species of fish and wildlife found to be at risk of becoming either endangered
TURAL or threatened. A
N Standard - see criterion. Superfund - see CERCLA. Surface water resources - the waters of the United States, including the sediments suspended in water or lying on the bank, bed, or shoreline and sediments in or transported through coastal and marine areas. This term does not include groundwater or water or sediments in ponds, lakes, or reservoirs designated for water treatment under the Resource Conservation and Recovery Act of 1976 or the Clean Water Act and applicable regulations. Threatened species - any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Toxic - poisonous. Toxic Equivalent - the potency or toxicity of one substance in comparison to another. Trophic level - position of an organism in a food web. Trustee - any Federal natural resources management agency designated in the NCP [National Contingency Plan] and any State agency designated by the Governor of each State, pursuant to section 107(f)(2)(B) of CERCLA, that may prosecute claims for damages under section 107(f) or 111(b) of CERCLA; or an Indian tribe, that may commence an action under section 126(d) of CERCLA. Trustee Council - a council composed of one representative from each natural resource Trustee. For the Hudson River, the Trustee Council includes a representative from the U.S. Fish and Wildlife Service (representing the Department of the Interior), the National Oceanic and Atmospheric Administration (representing the Department of Commerce), and the New York State Department of Environmental Conservation (representing the State of New York). Upper Hudson River - the stretch of the Hudson River between the river’s origin in Lake Tear of the Clouds and the Federal Dam at Troy (River Mile 154).
66 Subject to Public Review GLOSSARY HUDSON RIVER N A TURAL APPENDIX A R ESOURCE QUALITY D
ASSURANCE MANAGEMENT AMAGE
he Hudson River Natural Resource Trustees will collect and analyze chemical, biological, and phys- A Tical data as part of the Hudson River Natural Resource Damage Assessment. In order for the SSESSMENT Tr ustees to have confidence in the data developed through the damage assessment, a structured process for ensuring quality must exist. Therefore, beginning in 2001, project-specific Quality Assurance (QA) plans will be developed for each data collection effort that is part of the Hudson River Natural Resource Damage Assessment and is identified in the Damage Assessment Plan. The QA Plan may be an inde- pendent document or be incorporated into the project work plan. P
The purpose of each project-specific QA Plan will be to assist the Trustees in developing defensible LAN data that will provide a solid foundation for their decisions. The QA plans developed for this NRDA will be based on EPA requirements for Quality Assurance Project Plans (EPA QA/R-5, March, 2001) and EPA Guidance for Quality Assurance Project Plans (EPA QA/G-5, February 1998). In general, each pro- ject-specific QA Plan should provide sufficient detail to demonstrate that: • The project’s technical and quality objectives (i.e., data quality objectives) are identified and agreed upon; • The intended measurements or data acquisition methods are appropriate for achieving project objec- tives; • Assessment procedures are sufficient for confirming that data of the type and quality needed and expected are obtained; and • Any limitations on the use of the data can be identified and documented.
Accordingly, the plans developed for this assessment will address the four general elements identified by EPA guidance as described below: Project Management - documents that the project has a defined goal(s), that the participants under- stand the goal(s) and the approach to be used, and that the planning outputs have been documented; Data Generation and Acquisition - ensures that all aspects of project design and implementation including methods for sampling, measurement and analysis, data collection or generation, data han- dling, and quality control (QC) activities are identified and documented; Assessment and Oversight - assesses the effectiveness of the implementation of the project and asso- ciated QA and QC activities; and Data Validation and Usability - addresses the QA activities that occur after the data collection or generation phase of the project is completed.
Each of these elements is discussed briefly below.
APPENDIX A: QUALITY ASSURANCE MANAGEMENT Subject to Public Review 67 PROJECT MANAGEMENT LAN
P Project organization, roles, and responsibilities help ensure that individuals are aware of specific areas of responsibility for quality assurance, as well as internal lines of communication and authority. Organizational roles and responsibilities may vary by study or task, depending on the lead agency and pro-
HUDSON RIVER ject team performing the investigation, and should be described in the Quality Assurance Project Plan. The overall Quality Assurance organization for the damage assessment is shown in Exhibit A-1 below. SSESSMENT
A The Assessment Manager is the designated Trustee representative (from NOAA, NYSDEC, or DOI) who is responsible for the review and acceptance of the project-specific QA plan and ensuring that vari- ous Trustee agency efforts are in accordance with requirements of the Hudson River NRDA.
AMAGE The overall conduct of the quality system for the damage assessment is the responsibility of the QA
D Coordinator appointed by the Trustee Council. The responsibilities of this individual include, but are not limited to: development of an Analytical QA Plan; reviewing/assisting project leaders with the develop- ment of project-specific QA plans; conducting audits and ensuring implementation of both project and overall QA plans; archiving samples, data, and all documentation supporting the data in a secure and accessible form; and reporting to the Trustee Council. ESOURCE
R Study-specific Principal Investigators (PIs) ensure that QA guidance and requirements are followed. The PI or the designee will note significant deviations from the QA plan for the study, and report the deviations to the Assessment Manager and the QA Coordinator. TURAL
A The Field Team Leader (FTL) supervises day-to-day field investigations, including sample collec-
N tion, field observations, and field measurements. The FTL generally is responsible for all field quality assurance procedures defined in the Quality Assurance Project Plan. The Laboratory Project Manager is responsible for monitoring and documenting the quality of laboratory work.
EXHIBIT A-1: PROJECT QUALITY ASSURANCE ORGANIZATION
PROJECT QUALITY ASSURANCE ORGANIZATION
Assessment Quality Assurance Manager Coordinator
Study Principal Investigator
Field Staff Laboratories • Field Team Leader • Lab Project Manager • Health & Safety •Lab QA Officer Officer • Technical Staff • Technical Staff
68 Subject to Public Review APPENDIX A: QUALITY ASSURANCE MANAGEMENT HUDSON RIVER N A
DATA GENERATION AND ACQUISITION TURAL Beginning in 2001, studies that are identified in the Damage Assessment Plan that either generate or acquire data to be used in the Hudson River NRDA will have a prepared study plan to be submitted to and approved by the QA Coordinator or designee. Each study plan should include, at a minimum: R ESOURCE • Rationale for generating or acquiring the data; •Proposed method(s) for generating or acquiring the data; •Data quality requirements for the study or project and the types of quality control materials and procedures to be used in determining if the data meet these requirements; D
•In-house quality assessment procedures to be used in evaluating the outcome; and AMAGE •Description of the interpretation, including statistical analyses, of the data.
Project-specific QA plans for each study may be based on EPA guidance, such as EPA Guidance for Quality Assurance Project Plans (EPA QA/G-5) or some other model, but will describe the experimental A data generation or data collection design for the project including the types and number of samples SSESSMENT required, the design of the sampling network, sampling locations and frequencies, and the rationale for the design. In addition, project-specific QA plans will describe or reference (and include as appendices) standard operating procedures (SOPs) for all sampling or data generating methods and analytical methods, includ- P
ing sample handling and custody in the field, in the laboratory, and during transport. Documentation to LAN be included with the final report(s) from each study will include: field logs for the collection or generation of the samples, chain of custody records, and QA/QC documentation. Documentation will be specific for each study but each project-specific plan will identify the appropriate documentation and provide for retention. All studies are required to comply with Good Laboratory Practice Standards for facilities, appa- ratus, and physical/chemical and biological test systems. This includes descriptions of maintenance, inspections of instruments, and acceptance testing of instruments, equipment, and their components, as well as the calibration of such equipment and the maintenance of all records relating to these exercises.
ASSESSMENT AND OVERSIGHT All studies that include the generation or acquisition of data will be audited by the QA Coordinator or designee. These audits will include both technical system audits (i.e., qualitative evaluations of opera- tional details) and data and report audits (i.e., evaluations of data quality, adequacy of documentation, and technical performance characteristics). The purpose of these audits is to ensure that the project-specific plan is being implemented as described. If, in the professional opinion of the QA Coordinator, the results of an audit indicate a compromise in the quality of the data, the QA Coordinator has the authority to stop work by oral direction. Within two working days of this direction, the QA Coordinator will submit to the Trustee Council a written report describing the necessity for this direction.
DATA VALIDATION AND USABILITY All study plans, work plans, and final reports will be reviewed for adequacy of design and appropriateness of methodology. Analytical data will be validated by an independent third party. Prompt validation of ana- lytical data will assist the analyst or analytical facility in developing data that meet the requirements for precision and accuracy. It is expected that data validation will use the project-specific QA plans and EPA Guidance on Environmental Verification and Validation (EPA QA/G-8).
APPENDIX A: QUALITY ASSURANCE MANAGEMENT Subject to Public Review 69 HUDSON RIVER N A TURAL APPENDIX B R ESOURCE FACT SHEETS: D AMAGE ASSESSING FISH HEALTH A
PRELIMINARY INVESTIGATIONS OF BIRD INJURIES SSESSMENT
PRELIMINARY INVESTIGATION OF SNAPPING TURTLES P
HUDSON RIVER NATURAL RESOURCE DAMAGE ASSESSMENT: SUMMARY OF THE NRDA PLAN LAN
APPENDIX B: FACT SHEETS Subject to Public Review 71 Winter 2001 status report on the Hudson River Natural Resource Damage Assessment Assessing Fish Health
Background this long-term PCB contamination is harming Past and continuing discharges of PCBs have Hudson River wildlife. contaminated natural resources of the Hudson River for at least 200 miles. Federal and state trustee Study Objectives agencies are conducting a natural resource damage This study will investigate whether fish in areas assessment (NRDA) to assess and restore Hudson highly contaminated with PCBs show more River natural resources that may have been injured indicators of injury than fish from reference areas by PCB contamination. PCBs are a major concern that are less contaminated with PCBs. Fish will be because they persist in the environment for many examined for evidence of internal and external decades, can be harmful at low concentrations, and lesions, tumors, or other abnormalities and accumulate in living creatures. diseases, parasites, and other immune system indicators. PCBs pose health hazards to Hudson River fish, mammals, birds, and other wildlife and are found at Methodology concentrations up to 1,000 times greater than those Fish were collected from four sites in the Fall of considered protective of human health or the 2001. Two sites were located in the most environment. For example, agency scientists contaminated reach of the Hudson River, recently found PCB concentrations in fish from the downstream of the industrial sources of PCBs at upper Hudson ranging from 1.9 to 287 parts per Hudson Falls and Fort Edward. The other two sites million (ppm). In comparison, New York has were reference sites, with one located upstream of established a PCB guidance value of no more than Hudson Falls and one located in a waterbody known 0.11 ppm of PCBs to protect wildlife that eat fish. to have very low levels of contamination. Fish species targeted for this study include brown This factsheet provides summary information about bullhead, smallmouth bass, and yellow perch. one of the studies being implemented under the Tissue samples were collected to investigate a NRDA, the “Hudson River Fish Health Assessment.” variety of biological impacts that can be caused by PCB contamination. PCB Effects Many laboratory and field studies done in other Investigators parts of the country have shown the potentially The study was implemented by the following trustee harmful effects of PCBs on fish, birds, mammals, agencies: the U.S. Fish and Wildlife Service, the and other wildlife. Some effects on fish include New York State Department of Environmental impaired reproductive, endocrine, and immune Conservation, and the National Oceanic and system function, increased lesions and tumors, and Atmospheric Administration. The U.S. Geological death. Several other studies have documented the Service also provided assistance. contamination of Hudson River wildlife by PCBs. However, very few studies have assessed whether
For more information, contact Lisa Pelstring NOAA Damage Assessment Center 301.713.3038 x195; fax 301.713.4387 [email protected]
Larry Gumaer NYS Department of Environmental Conservation 518.402.8971; fax 518.402.9027 [email protected]
www.darp.noaa.gov/neregion/hudsonr.htm www.dec.state.ny.us/website/hudson/index.html
A view of the Hudson River and Bear Mountain Bridge. Spring 2002 status report on the Hudson River Natural Resource Damage Assessment Preliminary Investigations of Bird Injuries
ast and continuing discharges of PCBs have bird species for possible injury studies in the contaminated natural resources of the future P Hudson River for at least 200 miles Federal and state trustee agencies are conducting a natural 2 Avian Egg Exposure Study Trustees will collect resource damage assessment (NRDA) to assess and eggs from a number of species of Hudson River restore Hudson River natural resources that may birds and analyze the eggs for contaminants This have been injured by polychlorinated biphenyls study includes installing nest boxes The study will (PCB) contamination provide an indication of the exposure of those PCBs are a major concern because they persist species to Hudson River contaminants, and in the environment for many decades, can be facilitate potential design of avian injury studies harmful at low concentrations, and accumulate in living creatures PCBs pose health hazards to 3 Avian Exposure from Floodplains Trustees will Hudson River fish, mammals, birds, and other survey the Hudson River floodplain to determine wildlife and are found at concentrations up to 1,000 where woodcock, robins, or other species are times greater than those considered protective of nesting and feeding Trustees will also collect and human health or the environment analyze eggs, and possibly monitor nests and This factsheet provides summary information collect samples of young birds This study will help about preliminary investigations on PCB impacts to determine PCB exposure to birds living and birds being implemented under the NRDA feeding in the Hudson River floodplain, and the need for future studies of floodplain-dependent PCB Exposure and Effects bird species Many laboratory and field studies done in other parts of the country have shown the potentially 4 Bald Eagle Monitoring Trustees will monitor harmful effects of PCBs on fish, birds, mammals, bald eagle nests in the Hudson River area for and other wildlife In birds, PCBs have been shown reproductive success and potentially collect and to cause a range of adverse impacts, including analyze blood samples This study is a continuation disease, behavioral abnormalities, genetic muta- of work done previously by the USFWS and tions, physical deformities, changes in brain NYSDEC It will help evaluate the possible effects chemistry, reduced hatching rates, embryo mortal- contaminants have on eagle health, and aid in ity, and death determining the need for future injury determination studies Purpose There are four preliminary investigations in Investigators progress that will inform the trustees about the The study is being implemented by the following need for and design of future avian (bird) injury trustee agencies: the US Fish and Wildlife studies for the Hudson River Service, the New York State Department of Envi- ronmental Conservation, and the National Oceanic 1 Breeding Bird Survey Trustees will review and Atmospheric Administration available literature on bird abundance in the Hudson River This study will help with selecting For more information
wwwdarpnoaagov/neregion/hudsonrhtm wwwdecstatenyus/website/hudson/indexhtml
Kathryn Jahn - USFWS 607-753-9334 x156 kathryn_jahn@fwsgov
Larry Gumaer - NYSDEC 5184028971; fax 5184029027 lwgumaer@gwdecstatenyus
Lisa Pelstring - NOAA 3017133038 x195; fax 3017134387 Trustees will conduct preliminary investigations on bald LisaPelstring@noaagov eagles and other birds Summer 2002 Hudson River Natural Resource Damage Assessment Preliminary Investigation of Snapping Turtles
The Hudson River Trustee Agencies assessing and restoring your natural resources
Past and continuing discharges of Snapping turtles (Chelydra serpentina polychlorinated biphenyls (PCBs) have serpentina), a particular reptile species, contaminated Hudson River natural are an important part of the Hudson resources While the USEPA is continuing River food web Snapping turtles with cleanup plans, federal and state consume vegetation and a wide variety trustee agencies are conducting a natural of animal matter including insects, resource damage assessment (NRDA) to crustaceans, clams, earthworms, fish, assess and restore natural resources frogs, snakes, small turtles, birds, and injured by PCBs small mammals Young snapping turtles and turtle eggs are also prey for skunks, This factsheet provides information about snakes, birds, and other wildlife a preliminary investigation of PCB impacts to reptiles being implemented under the PCB Exposure and Effects NRDA Many laboratory and field studies done in The Hudson River and its surrounding other parts of the country have shown the habitat support many species of reptiles potentially harmful effects of PCBs on These animals spend a large part of their fish, birds, mammals, and other wildlife How can you help? lives in contact with potentially However, toxicological data on PCB The trustees would like to hear your ideas contaminated substanceswater, impacts on reptiles are limited Some for possible restoration projects in the sediment, and soiland consume past turtle studies indicate that PCBs Hudson River valley Please tell us about potentially contaminated prey may cause behavioral abnormalities, habitats (wetlands, streams, etc ), biochemical alterations, and reduced resources (fish, birds, or other wildlife), or hatching of eggs specific sites that could be restored or Purpose enhanced Contact one of the individuals Trustee agencies act on behalf of the in the blue box if you have restoration ideas or for more information public to restore natural resources injured Trustees are investigating the extent to by hazardous substances To learn more, please contact which snapping turtles in the Hudson are exposed to PCB contamination Investigators Fred Caslick - USFWS Trustees collected eggs from snapping 607 753 9334 The study is being implemented by the fred_caslick@fws gov turtles in June 2002 and are now trustee agencies analyzing these eggs for contamination Lisa Pelstring - NOAA These data will inform the trustees about 301 713 3038 x195 The U S Department of Interior, the need for future reptile studies n Lisa Pelstring@noaa gov n New York State Department of Environmental Conservation, and Larry Gumaer - NYSDEC Five eggs per nest were collected 518 402 8971 n National Oceanic and Atmospheric Turtles generally produce large clutches lwgumaer@gw dec state ny us Administration of eggs yearly (averaging 15-50 eggs per wwwdarpnoaagov/neregion/ clutch) Females may lay more than one hudsonrhtm clutch per year When the trustees collected the eggs, care was taken to wwwdecstatenyus/website/hudson/ indexhtml minimize disturbance to the turtles and their nests http://contaminantsfwsgov/ restorationplans/HudsonRivercfm 2002 HUDSON RIVER NATURAL RESOURCE DAMAGE ASSESSMENT
SUMMARY OF THE DAMAGE ASSESSMENT PLAN
Polychlorinated biphenyls (PCBs) have CLEANUP AND RESTORATION NATURAL RESOURCES polluted the Hudson River environment EXPOSED TO PCBS since the late 1940s. Two General Electric NRDA is different from EPA Superfund cleanup. EPA manufacturing facilities located in Fort focuses on cleaning up or containing the PCBs to The Trustees have determined that the following Edward and Hudson Falls, New York, reduce present and future risks to human health and natural resources have been exposed to PCB discharged up to 1.3 million pounds of the environment. In a Natural Resource Damage contamination: PCBs into the river. Assessment, Trustees assess the past, current, and ■ Living resources, including fish, birds, mammals, future PCB injuries to the resources. Trustees identify amphibians, reptiles, invertebrates (insects, PCBs are a major concern because they last and plan restoration actions to address these injuries crabs), and plants, and the public’s lost use of the resources. in the environment for many decades, low ■ Surface water resources, including river concentrations pose health hazards to sediments, humans, birds, fish, and mammals, and ■ Groundwater resources, they accumulate in living creatures over ■ time. The Hudson River is a Federal Geologic resources, including floodplain soils, and Superfund Site, and the U.S. Environmental ■ Air resources. Protection Agency has issued a Record of Decision calling for the removal of an estimated 150,000 pounds of PCBs from THE NATURAL RESOURCE DAMAGE ASSESSMENT PLAN selected areas along a 40-mile stretch of the river between Hudson Falls and the Federal Dam at Troy, NY. As part of Hudson River damage assessment, the Trustees have completed a Damage Assessment Plan that provides information on the planned, current, or completed Trustee- One State agency and two Federal sponsored studies of natural resources exposed to PCBs. Studies outlined in the Damage agencies share responsibility for restoring Assessment Plan may be considered as one of three types: the Hudson River’s natural resources injured by PCBs. They are the New York State Department of Environmental 1>>> Injury Determination Conservation, the National Oceanic and Injury determination studies identify the natural resource injured from PCB exposure, how Atmospheric Administration, and the U.S. much of the resource has been injured, and the length of time the resource has been and will Department of the Interior. Collectively, be injured. these agencies are called “Trustees” and act on the public’s behalf to assess and restore injured natural resources. This 2>>> Pathway Determination effort is called a Natural Resource Damage Pathway determination studies document how PCBs move through the environment to Assessment (NRDA). the injured resource.
3>>> Damage Determination and Restoration The Trustees analyze information gathered from studies and identify the best methods to restore the injured resources and lost human services provided by these resources. NATURAL RESOURCE DAMAGE ASSESSMENT STUDIES Below is a list of the planned, current, or completed studies being conducted by the Trustees for the Natural Resource Damage Assessment or NRDA.
INJURY DETERMINATION STUDIES BIRD INJURY STUDIES MAMMAL INJURY STUDIES 1> Waterfowl Consumption Advisory 1> Mink and Otter Health The Trustees New York State has issued a statewide advisory FISH INJURY STUDIES plan to build upon existing NYSDEC mink and otter recommending limited consumption of wild studies to determine PCB effects in these 1> Fish Consumption Advisory waterfowl such as ducks and geese due to PCBs organisms. NRDA regulations under which the Trustees and pesticide contamination. The Trustees plan to operate define the existence of fish consumption evaluate what part of the contamination that led 2> Bat Exposure The Trustees plan to advisories as an injury to the resource. The to the statewide advisory is attributable to PCBs analyze PCB concentrations in bats that have been Hudson River has had advisories in place since from the Hudson River. collected to assess the extent and severity of PCB 1976. To document this injury the Trustees have exposure. evaluated the history, dates, and geographic 2> Waterfowl FDA Tolerance To protect ranges of the advisories, including relevant human health, the FDA requires that poultry species. This study is completed and can be viewed containing PCB concentrations in excess of safe REPTILE INJURY STUDIES at www.dec.state.ny.us/website/dfwmr/habitat/ levels be removed from commerce. For PCBs, this nrd/index.htm tolerance is 3 ppm. Waterfowl are injured when 1> Snapping Turtle Consumption PCB concentrations exceed this tolerance level. The Advisory New York State has issued a 2> Fish FDA Tolerance To protect human Trustees plan to compare available waterfowl statewide advisory recommending limited health, the Food and Drug Administration (FDA) tissue data with the FDA tolerance. consumption of snapping turtles due to PCB requires that fish containing PCB concentrations in contamination. NRDA regulations under which the excess of designated levels be removed from 3> Breeding Bird Survey The Trustees Trustees operate define the advisory as an injury commerce. For PCBs, the current tolerance is 2 have completed a preliminary investigation of the to the resource. The Trustees plan to evaluate ppm in edible fish tissue. Fish are injured when presence and relative abundance of the bird what part of the contamination that led to the PCB concentrations exceed this tolerance level. The species found in the Hudson River Valley. This statewide advisory is attributable to PCBs from the Trustees will compare the fish tissue data available study will help the Trustees determine whether Hudson River. from previous New York State studies and other particular bird species are at risk from PCB 2>Snapping Turtle Health The Trustees sources with the FDA tolerance to determine the contamination and whether future studies should plan to collect and analyze snapping turtle eggs to extent of this injury. be conducted. assess potential PCB impacts and whether the eggs are a pathway for PCB contamination to other 4 Bird Egg Survey There is limited 3> Fish Health Survey To evaluate > reptiles, birds, etc. whether PCBs are affecting the health and viability information on exposure of Hudson River bird of fish in the Hudson River, the Trustees are species to PCBs, especially at sensitive early life stages. The Trustees are conducting a preliminary conducting a multi-phase study. WATER QUALITY AND SEDIMENT investigation of PCB concentrations in eggs from a ■ Fish Health Reconnaissance Survey number of species of Hudson River birds. INJURY STUDIES In 2001, the Trustees began assessing the 1 Water Quality Evaluation Previous prevalence of abnormalities in fish tissue and > 5> Evaluation of Avian Exposure From studies showed that PCBs in the Hudson River gross abnormalities to internal organs and Feeding on Floodplain The Trustees plan consistently exceeded water quality standards. external features of fish sampled from the to survey the Hudson River floodplain to identify NRDA regulations define exceedances of such river. The Trustees also collected fish tissue for areas being used by certain bird species for State or Federal standards as an injury to the future chemical analysis that may be carried nesting and feeding. This preliminary analysis surface water. To document the injury to surface out if the survey results suggest that fish are could help determine whether species that live and water resources, the Trustees are comparing exhibiting these injuries. feed in the floodplain have been exposed to PCBs existing water quality data with established water ■ Effects of PCBs on Early Life Stages of and determine the need for future studies of quality standards. The Trustees are also making a Fish The Trustees are considering whether to floodplain-dependent bird species. determination of the extent to which living examine any adverse effects of PCBs on early resources have been injured by exposure to the life stages and development of fish. 6> Bald Eagle Monitoring The Trustees surface water. are monitoring bald eagle nests for reproductive success and potentially collecting and analyzing blood samples to evaluate possible adverse effects from PCBs. The Hudson River Trustee agencies — assessing and restoring your natural resources
GEOLOGIC RESOURCE INJURY STUDY 2> Foodweb Pathway Evaluation The The Trustees plan to compile existing information Trustees may develop studies to explore how PCBs regarding the presence of PCBs in geologic move through the Hudson River foodweb from sediment-dwelling organisms to fish and wildlife. 2> Sediments Characteristic of Solid resources, such as floodplains, in and around the Hudson River to determine if they exceed PCB Waste The Trustees plan to evaluate existing 3> Floodplain Evaluation In 2000, the Hudson River sediment data to determine if they criteria and standards specified in the Solid Waste Disposal Act and the Toxic Substance and Control Trustees conducted a preliminary investigation exceed criteria for PCB levels specified under the from Fort Edward to Stillwater and identified PCB Solid Waste Disposal Act. If the sediment exceeds Act. Geologic resources are injured when concentrations of PCBs exceed these standards. contamination in floodplain soils and in small SWDA criteria, this would also constitute an injury mammals. Floodplains are land areas next to to surface water. rivers and streams that are periodically inundated AIR RESOURCE INJURY STUDY by water. Preliminary results indicate that PCB 3> Sediments Injury: Pathway and concentrations in floodplain soils in the 20 miles Biota The Trustees may investigate whether The Trustees may investigate existing information downstream of Fort Edward ranged from PCB concentrations in sediments are sufficient to regarding the presence of PCBs in the air around undetected to 360 parts per million (ppm). The cause injury to other natural resources that are the Hudson River to determine whether there are Trustees expanded this investigation in 2001 to exposed to the sediments. The Trustees may exceedances of air quality standards under the refine the areas and species that may be exposed compare Hudson River sediment data with existing Clean Air Act or other Federal or State air to PCBs in floodplains. scientific studies that examine PCB thresholds and standards. effect levels to document where and when the sediments exceed these thresholds and effect levels. DAMAGE DETERMINATION AND PATHWAY DETERMINATION STUDIES RESTORATION STUDIES GROUNDWATER INJURY STUDY 1> PCB Source Evaluation The Trustees 1> Recreational Fishing Lost Use The Trustees plan to compile existing information are conducting a screening-level analysis of Study The Trustees are assessing the value of regarding the presence of PCBs in groundwater available data on sediment chemistry, sediment the lost use of the recreational fishery, specifically resources in and around the Hudson River and transport and deposition, fish tissue chemistry, examining how fishing restrictions and compare that information to Federal and State and PCB loadings to the Hudson River. This consumption bans in the Hudson River affect water quality standards established for PCBs. analysis will allow the Trustees to make angler behavior. preliminary determinations regarding the relative PCB contribution from upriver sources. 2> Habitat Equivalency Analysis The Trustees may conduct a Habitat Equivalency Analysis, which will help determine how much restoration is needed to address the injured resources from the date of the PCB release until recovery.
3> Lost Navigational Services The Trustees will determine the extent to which PCB- contaminated sediments have caused reduced navigational dredging resulting in decreased recreational and commercial boat traffic on the river, and the increases in costs of such dredging attributable to the PCB contamination.
4> Assessment of Impacts to National Park Sites and Affiliated Areas The Trustees plan to investigate whether the presence of PCBs has adversely impacted visitor use and perceptions and agency management plans for parks and historic sites in the Hudson River Valley. HUDSON RIVER DAMAGE ASSESSMENT PLAN
HOW CAN I HELP? You can obtain a copy of the Damage Assessment Plan and provide Trustees with your comments about our proposed approach to assess natural resource injuries. The plan is also located at information repositories throughout the state. Call Steven Sanford at 518.402.8996 for a location near you. To receive a copy of the Damage Assessment Plan, please contact one of the individuals listed here or download a copy from one of the following websites: www.darp.noaa.gov/neregion/hudsonr.htm www.dec.state.ny.us/website/hudson/index.html http://contaminants.fws.gov/restorationplans/HudsonRiver.cfm The Trustees would also like to hear your ideas for possible restoration projects in the Hudson River Valley. Please tell us about habitats (wetlands, streams, etc.), resources (fish, birds, or other wildlife), or specific sites that could be restored or enhanced. Contact one of the individuals listed below to submit restoration project ideas.
HOW DO I FIND OUT MORE?
Steven Jay Sanford Lisa Pelstring Fred Caslick NYS Department of Environmental Conservation National Oceanic and Atmospheric Administration US Fish and Wildlife Service 625 Broadway, 5th Floor 1305 East West Highway SSMC4 3817 Luker Road Albany, NY 12233-4756 Silver Spring, MD 20910 Cortland, NY 13045 518.402.8996 301.713.3038 x195 607.753.9334 fax 518.402.8925 fax 301.713.4387 fax 607.753.9699 [email protected] [email protected] [email protected]
Hudson River Natural Resource Trustees NYSDEC 625 Broadway, 5th Floor Albany, NY 12233-4756